Legal Opinion

Buford v. Henzier

U.S. Circuit Court for the District of Indiana

Decided February 15, 1878PublishedCited by 2 opinions

In equity. This was a suit [by B. D. Buford and others]' to set aside and cancel a sheriff’s deed, issued to the defendant, John C. Henzier, as the purchaser at a certain execution sale of real estate, on the ground that complainants were junior judgment creditors and had redeemed the property from the sale within one year, under the Indiana statute.

1Opinion of the Court

GRESHAM, District Judge.

Jacob Gor-man and B. D. Buford & Co. recovered judgments against Christopher Klippell in the Jackson circuit court of Indiana. To satisfy the Gorman judgment, which was senior, certain real estate, the property of Klippell, was sold on execution by the sheriff of Jackson county to John C. Henzier. The statute of Indiana allows the judgment defendant and junior lienholders to redeem real estate from sales on execution by paying the purchaser or clerk of the court, for the purchaser’s use, the amount of the purchase money, with interest thereon at ten per cent per annum,…

2Cases cited3 opinions

  1. Jessup v. CareyIndiana Supreme Court · 1878
  2. Webb v. WatsonSupreme Court of Iowa · 1865
  3. Carter v. LewisMichigan Supreme Court · 1873

3Cited by2 opinions

  1. Hooker v. BurrCalifornia Supreme Court · 1902
  2. Bowen v. Van GundyIndiana Supreme Court · 1893

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