Blakey v. Abert

Judge Underwood

delivered the Opinion of the Court.

This was a bill io enforce a lien upon a tract of land for the purchase money clue the vendor. The court decreed a sale, and appointed a cofnmissioner to sell so muck of the land as should be necessary to pay the debt, interest and costs of the, common law judgment. The commissioner sold the entire tract, for a larger sum than the debt, interest and costs. This he had no authority to do, under the decree; and therefore his act was void — as much so as the act of a sheriff who sells more land under execution than is required to pay the debt.…