Baxter v. O'Leary

Citations

• 10 S.D. 150
• 72 N.W. 91
• 1897 S.D. LEXIS 26

Syllabus

<p>Comp. Laws, § 5149, provides that the court, if satisfied on return of a writ of execution that the sale was in conformity with statute; shall confirm the same, and direct the officer to execute a deed at the expiration of one year, unless the land is redeemed. Section 5160 declares that the deed shall be sufficient evidence of the legality of the sale, until the coutrary is proven and shall vest in the purchaser as good title as the judgment debtor had. Held, that where the proceedings are shown to be regular in other respects, moro failure to have the sale confirmed will not defeat the purchaser’s title, especially on collateral attack by one who does not claim through or under the judgment debtor.</p>