Enquist v. Enquist

Paine, j.

In a sheriff’s sale of real estate on an execution, the return of the sheriff appearing to be regular, the sale was confirmed and a sheriff’s deed delivered. The judgment creditor, upon receipt of the full amount due him, discharged of record and released his judgment. Thereafter, *709at the same term of court, the trial judge set aside the confirmation of the sale, but the sheriff’s sale itself still stands. Later, upon application of the purchaser of the property at the sheriff’s sale, the court directed that the judgment creditor repay the money he received from the clerk of the…