Pearce, Tolle & Co. v. Burns
Pearce, Tolle & Co. v. Burns
Opinion of the Court
Opinion by
The original levies gave the sheriff the right to sell the real estate taken under and by virtue of the execution first placed in his hands. The endorsement of levies on the various writs of venditioni exponas, was only a work of supererogation. Such acts did not invalidate the authority to sell, acquired by the levies when first made. The original sales were good, and as the property was not redeemed, they entitle appellants to deeds of conveyance from the sheriff. The levy, or rather the attempt to levy the writs of. venditioni exponas on appellees’ right of redemption, was, of course, of no effect; but appellants get a perfect title by the original sales, independent of their purchase at'the sale of the right of redemption. The only effect of this sale is that it operated to credit the judgment by the amounts bid. For this result the appellants themselves are responsible. The sheriff was acting for them, and they bid at his sale, presumptively with full knowledge of all the attending circumstances. They ask to be relieved against this voluntary act, wholly upon the ground that they acquired nothing
Case-law data current through December 31, 2025. Source: CourtListener bulk data.