Supreme Court Decisions in Appeal During 1899, With Index

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J: — "Since the passing of the Ordinance 2 of 1889, a jndgment-debtor whose land has been sold in execution, cannot thereafter by a conveyance give good title to the land already sold by the Fiscal, A aubsequent conveyance by the execution- debtor becomes void on the execution of a conveyance by the Fiscal. The grantee ia by the 289 section of the Civil Procedure Code deemed to have been vested with the legal estate from the time of the sale.
There is in this case the special circumstance that
...th6 sale in execution was confirmed by the Court after the decree had been set aside. In my , opinion this was wrong — proceedings in execution of an existing decree stand on a different footing from prooeedinga in execution of a decree which has been set aside, but the order confirming, the sale still stands, no appeal was lodged : ai the subsisting order of a competent Court it must be respected.
Another queption is whether the purchaser at the Fiscal'^ sale is estopped from questioning the right of the debtor to sell : (that was partly the ground for tbe decision in D, C.


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