Shurley v. Black

1. The tender, on the day of sale and prior to the sale, to the sheriff, or to the attorney of the plaintiff in execution, of the full amount due on such process, upon condition that the sheriff or attorney transfer the execution to a third person who was furnishing the money, did not operate as a payment and discharge of the execution; and such conditional tender did not render the sale by the sheriff of property, levied upon under the execution after such tender, void. Aliter, if the tender had been unconditional and in satisfaction of the process.(a) The evidence, fairly considered, shows…