To compel respondent to vacate an order setting aside an execution, and vacating a sale made to satisfy a judgment recovered by plaintiff, in an ejectment suit, for the value of land, on his electing to abandon it to the defendant.

Denied April 27, 1888.

Held, that the purchaser at said sale takes his title subject to the right of the defendant to defeat it by taking a new trial at any time within the statutory three years.