Finnigan

The report in this case raises the question of what is necessary to the validity of a title acquired at execution sale. The examiner has abstracted the recitals in the sheriff’s deed, but not the proceedings in court. This is not sufficient. The deed of the sheriff is no more evidence of the truth of the recitals therein contained, or of the legality or existence of the other facts necessary to the validity of a title by statutory process, than is the case with the deed of a tax collector; and it is as necessary to the case of the petitioner under an execution sale, as under a tax sale, to…