Calhoun v. Commercial Credit Corp.

Opinion by

Kenworthey, J.,

A defaulting purchaser of personal property at a sheriff’s sale defends against this action by the sheriff on the ground that the sale of other property brought enough to pay the judgment creditor and costs in full and that the debtor, after suit was commenced, released the sheriff from all liability to him for failure to collect.

The court below entered judgment for want of a sufficient affidavit of defense. We shall assume, as did the court below, that if he collects there will be no one to whom the sheriff will be required to make distribution ; he will simply turn…