Mathews v. Clifton

Citations

• 21 Miss. 330

Syllabus

<p>After a sheriff has made a sale of real estate under execution to A., and subsequently, at the request of A., his bid, by B.’s consent, is transferred to B., who assumes to the sheriff to pay it, and fails to do so, the plaintiff in execution cannot have the property resold, and hold B. liable for the difference between the first bid made by A., which was assumed by B., and what the land sold for on the last sale. In such case, the first sale would not be obligatory on B. as a sheriff’s sale.</p>