Rollins v. Thompson

Citations

• 21 Miss. 522

Syllabus

<p>The case of Agricultural Bank v. Pallen, (8 S. & M. 359,) with reference to the mode in which a judgment creditor should proceed with his execution, where the debtor has alienated his property, since the judgment, to various persons, cited and confirmed.</p> <p>While it is true that judgments may be purchased and assigned, and the assignee will have the right to use the name of the judgment creditor for the collection of the judgment, yet if a judgment be paid by a third party, it will thereby be satisfied, and cannot afterwards be assigned to such third party.</p> <p>It seems that alleged fraudulent conduct, on the part of a sheriff about to sell real estate under execution, by which he induced one interested in the sale not to be present, under a promise that he would not sell, will not vitiate the sale made by the sheriff to a purchaser for a valuable consideration without notice ; yet if, in a bill against such purchaser and others, to set aside such sale, the complainant allege the facts, and without specifically charging notice upon the purchaser, states that they amount “ to a fraud upon his rights,” such general charge must be answered by the purchaser, or a decree will be rendered for complainant.</p> <p>The question, whether the redemption law of 1842 (Hutch. Code, 919), is constitutional or not, presented by this case, not decided because not necessary to a decision of the case; its adjudication reserved for a case which imperatively demands its determination.</p>