Barnett v. Bull

JUDGE PRYOR

delivered the opinion of the court.

This is an appeal from a rule made absolute against a purchaser at a sale of real estate, made-under the provisions of section 491 of chapter 14 of the Code of Practice. That section authorizes the owner of a particular estate of freehold in possession or by his guardian, if an infant, or by the remainderman against the owner of the particular estate, &c., to proceed, by a petition in equity, to sell the estate for investment of the proceeds in other real property.

The purchaser refused to comply with the terms of sale, upon the ground that he…