Robinson v. Robinson

Headnote

. purchaser’s title to land sold under a venditioni exponas, relates to the time of sale.

. judgment recovered at the return term after sale, does hot bind the land. .

Balance of proceeds of sale ordered to be paid to the administrator of defendant.

The sheriff sold the lands of Charles Robinson on the 13th of February, 1841, on a vend, exponas to May term, 1841, for $ 1,350, and ipplied $677 89 to judgments existing at the sale. Other judgments rére entered on the 22d and 24th of May, 1841, upon awards during [hat term of the court, and the plaintiffs in those judgments now Claimed the balance of the proceeds of the sale of the land. The [heriff paid the money into court.

contended that the title to (he land was not fully divested until the rising of the court to which íe sale was returnable; and that judgments recovered in the mean jme, were liens upon the land until confirmation of the sale; when he pi’oceeds were applicable to these and other judgments accord-to their seniority. The sheriff is not bound to apply the money Intil the rising of the cohrt.

contended that the title of the purchaser related to the day of sale, and no after recovered judgment .could be regarded as having any lien upon the land, or any claim upon the proceeds, except through the administrator, in the legal distribution of assets. The sale, though open to objection at the return term, is confirmed of course without objection, and without any action of the court; and if no such objection be made, the sale does, per se, divest all judgment liens, apd transfer title.