Rodgers v. Smith

This was a proceeding, by notice and motion, under the statute, instituted by Smith, a sheriff, against Rodgers, a purchaser at an execution sale, to recover the difference between the amount of his bid, and the amount for which the property was subsequently sold, Rodgers having failed to comply with the conditions of the sale.

Rodgers, the defendant below, filed three pleas, upon all of which issues were joined. t

The first plea averred that there was no such judgment as that described in the notice.

The second plea was, that the property he bid off, was not the property of the…