Second National Bank of Ironton v. Ewing
Second National Bank of Ironton v. Ewing
Opinion of the Court
announced the opinion of the Court:
Bill in equity and attachment by the Second National Bank of Ironton against Thomas Ewing and wife and others to subject a tract of land in Cabell county owned by said Ewings — -they being non-residents — to the payment of a debt due from the said Thomas to the plaintiff. The attachment was levied on the land, order of publication duly executed and the cause regularly set for hearing. A decree of sale was entered, anda sale made at which Vesta Laidley, theap-
The decree of September 4, 1878, expressly requires the plaintiff to give bond as provided in said section 23 chapter 106 of the Code. And section 31 of said chapter amply protects the title pt a bona fide purchaser. It provides that such title shall in no wise be affected, questioned or impeached by any judgment or decree recovered in the suit by the defendants. And section 34 of said chapter provides, that 'if in any case, upon defense being made, it shall be ascer-'taind that the attachment was sued out without sufficient cause, judgment may rendered against the plaintiff. The ónly matter, it seems to me, which could give the purchaser a right to appeal would be a decree erroneously confirming or disaffirming the sale at which she purchased. Errors in the subsequent proceedings are matters in which
The sale in this cause having been confirmed by the consent of the purchasher, she cannot appeal therefrom. Marrion v. Fahy 11 W. Va. 482; Armstorng v. Wilson 19 Id.
I am therefore, of opinion, that the appeal in this cause should be dismissed as improvidcntly awarded, and it is so ordered. No costs are awarded, because there was no appearance by any appellee in this Court.
Appeal Dismissed.
Reference
- Full Case Name
- Second National Bank of Ironton v. Ewings.
- Status
- § 23; Id. § 31; Eor. Jud. Sales