Sutton v. Baldwin

This was a proceeding brought by the appellant, April 8, 1895, under section 772, Burns’ R. S. 1894 (760, R. S. 1881), to recover judgment against appellee for the amount at which certain real estate was sold to him by the sheriff on execution, with interest and ten per cent, damages and costs, on the ground that he had failed and refused to pay the same. At appellant’s request, the court made a special finding of facts and stated conclusions of law thereon, “that appellee had paid the amount of his bid before the commencement of this action, and that he is entitled to a judgment against…