Vance v. Red

Citations

• 29 S.C.L. 90

Syllabus

<p>1. Plaintiffs purchased a tract of land at Sheriff’s sale, on the 2nd of Jan. 1842, under an execution lodged on the 10th of Nov. 1841, and issuing under a judgment, signed the 6th of Nov. 1841, against defendant, R. who, before the signing of the judgment, had conve. ed the land to his co-defendant, Y. the deed being recorded on the 2nd of Dec. 1841. Before the execution of this deed, one G, R. in Nov. 1840, recovered a judgment against one M. and defendant, R: — execution was lodged in the Sheriff’s office marked “wait orders until May 1842,” and in 1841, assigned to plaintiff V. The consideration of the deed from R. to Y. was, that the latter should pay G. R’s. judgment, and satisfy a debt to himself, the balance to be paid to defendant, R. The stay on the execution was purchased by R. and the plaintiffs were aware of the deed to Y. After the sale by the Sheriff, the defendants offered to pay to him, G. R’s. execution, but that being satisfied by the sale of the land, he did not receive it.</p> <p>2. The sale by the Sheriff held good, being supported by the elder judgment, the lien of which was unaffected by the indorsement, “wait orders,” that only amounting to a suspension or withdrawal of the execution.</p> <p>3. The contract of defendant, Y. to satisfy the elder judgment, and the actual offer to pay it, after the sale by the Sheriff to the plaintiffs could not alter their vested rights ; their title then being perfected.</p>