Barlow v. Toole, McGarrah & Tondee

Bleckley, Chief Justice.

The sheriff sold land under two fi. fas. It was bid off by the plaintiffs in one of them. They refused to comply with the terms of the sale, and nothing was paid on their bid. The sheriff then levied upon the property by virtue of two older fi. fas. in favor of wholly different plaintiffs against the same defendant, advertised it for sale at the risk of the bidder, and at the sale under this new levy the same bidders purchased the property at a less price. They complied with the terms of that sale and took a conveyance from the sheriff. The defendant in execution then,…