with, without stay, returnable in thirty days; and the Sheriff shall not re turn any property to the execution-defendant levied on thereby, except upon payment of the judgment. (462.) 750. Notice of sale of personalty. 542. Previous notice of the time and place of the sale of any personal property on execution shall be given for ten days successively, by posting up written notices thereof in at least three of the most public places in the township where the sale is to be made. (468.) 1. A sale of personalty, on a notice of nine days, to the execution-plaintiff, is void. -Keen v. Preston, 24 Ind. 395.. 2. Personal property must be present and subject to view of bidders, its sale out of view is unauthorized.- Gaskill v. Aldrich, 41 Ind. 338. 751. Personalty, how sold. 543. Personal property shall not be sold unless the same shall be present and subject to the view of those attending the sale; and it shall be sold at public auction, in such lots and parcels as shall be calculated to bring the highest price. (469.) 752. Real estate liable to judgment, etc. 600. The following real estate shall be liable to all judgments and attachments, and to be sold on execution against the debtor owning the same or for whose use the same is holden, viz.: First. All lands of the judgment-debtor, whether in possession, remainder, or reversion. Second. Lands fraudulently conveyed with intent to delay or defraud creditors. Third. All rights of redeeming mortgaged lands; also, all lands held by virtue of any land-office certificate. Fourth. Lands, or any estate or interest therein, holden by any one in trust for or to the use of another. Fifth. All chattels real of the judgment-debtor. (526.) 1. Lands fraudulently conveyed may be attached; but it must be shown that the purchaser was a party to the fraud.-- Johnston v. Field, 62 Ind. 377. 2. Lands purchased with the wife's money, and, without her knowledge or consent, conveyed to the husband, and subsequently conveyed by him to her, are not liable upon a judgment against him.-- Leonard v. Barnett, 70 Ind. 367. 3. In a suit to subject lands, as fraudulently conveyed, to the payment of a judg ment, it must be alleged and proved that at the time thereof, there was no other property subject to execution, sufficient to pay the existing debts of the grantor.Pfeifer v. Snyder, 72 Ind. 78; Bruker v. Kelsey, id. 51; Sherman . Hogland, 73 id. 472. 4. A voluntary conveyance of lands is, as to creditors, void; and no notice of fraudulent intent in the grantee need be shown or pleaded.-Spaulding v. Blythe, 73 Ind. 93. 5. When the grantee of real estate, who is a purchaser in good faith for value, conveys it to the wife of the grantor, she takes the title free from the demands of her husband's creditors, he having put no money into the purchase, notwithstanding she may have notice of the fraud to her husband.- Evans v. Nealis, 69 Ind. 148. 6. The rule, that partnership property must first go to the payment of firm indebtedness, applies to fraudulent conveyances.- Hardy v. Mitchell, 67 Ind. 485. 753. Rents and profits first offered. 537. The estate or interest of the judgment-debtor in any real estate shall not be sold on execution until the rents and profits thereof, for a term not exceeding seven years, shall have been first offered for sale at public auction; but if the same shall not sell for a sum sufficient to satisfy the execution, then the estate or in terest of the judgment-debtor shall be sold by virtue of the execution. (463.) 1. The assignee of a Sheriff's certificate of sale of realty takes rights as the purchaser, but the grantee of such purchaser, who has taken a deed, may have a better title than the purchaser - Geisendorff v. Eagles, 70 Ind. 418. 2. A Sheriff's sale will be upheld collaterally which would be set aside in a direct proceeding. Davis v. Campbell, 12 Ind. 192. 3. In a Sheriff's sale of lands, he can only receive an unconditional cash bid.Chapman v. Harwood, 8 Black f. 82. 4. Gross inadequacy of price will not vitiate a judicial sale, fairly conducted.Benton v. Shreeve, 4 Ind. 66. 5. When the judgment-defendant has no title in the lands sold, the bid need not be paid, and if paid, may be recovered from the judgment-debtor.- Seller v. Lingerman, 24 Ind. 264; Julien v. Beal, 26 id. 220. 754. How valued. 538. Rents and profits may be sold as other property, the appraisers setting down the value of each year separately. (464.) 1. A sale of lands by the United States Marshal must be made in the county where they lie. Thacher v. Devol, 50 Ind. 30. 2. Tracts of land in different counties, to be sold by the same decree, must be sold in the counties where they are respectively situate.- Holmes v. Taylor, 48 Ind. 169. 3. When rents and profits for seven years are offered, and no bid is made therefor, a less term need not be offered.- -Thurston v. Barnes, 10 Ind. 289; Piel v. Watson, 44 id. 447. -- 4. When appraisement is required, rents and profits must be appraised; and an offer to sell them without is not a valid offer, and will vitiate the subsequent sale of a fee.- Davis v. Campbell, 12 Ind. 192. 5. In selling real estate in parcels, rents and profits of each parcel need only be offered before the fee thereof.-Adler v, Sewell, 29 Ind. 598.. 755. Manner of sale- Lease by Sheriff. 539. So many years, not exceeding such term of seven, shall be sold as will satisfy the execution, and no more; and the Sheriff shall execute a lease to the purchaser for the term sold. (465.) 756. Real estate, how sold. 540. Real estate, including chattels real, taken by virtue of any exécution, shall be sold at public auction at the door of the court-house of the county in which the same is situated; and if the estate shall consist of several lots, tracts, and parcels, each shall be offered separately; and no more of any real estate shall be offered for sale than shall be necessary to satisfy the execution, unless the same is not susceptible of division; except that when real estate which is not susceptible of division is ordered to be sold on any decree or judgment, and the same is traversed by the line between two counties, it may be advertised and sold in either county. (466.) A Sheriff's sale in solido, of land subdivided or capable of subdivision into parcels, is a fatal irregularity, and the execution-plaintiff is chargeable with notice thereof.- Bardeus 7. Huber, 60 Ind. 132. [1895 S., p. 229. In force July 1, 1895.] 756a. Sheriff's sales without appraisement — Legalizing.— 1. That Sheriff's sales of real estate in which an appraisement was required, but in which no separate appraisement of the rents and profits of such real estate was made, but the real estate itself was appraised, are hereby legalized and made valid to all intents and purposes, and with the like effect, as if such appraisement of reats and profits has been duly made. Provided the provisions of this act shall in nowise affect any pending litigation. [1881 S., p. 240. In force September 19, 1881.] 757. Notice of sale of realty. 541. The time and place of making sale of real estate on execution shall be advertised by the Sheriff for at least twenty days successively next before the day of sale, by posting up written or printed notices thereof in three public places in the township in which the real estate is situated, and a like advertisement at the door of the court-house of the county, and also by advertising the same for three weeks successively in a newspaper of general circulation, printed in the English language, and published in the county where the real estate is situate: Provided, That if the Sheriff shall not be able to procure the publication of the notice in a newspaper of general circulation, published within his county, it shall be lawful for him to dispense with the publication of the notice, and the land may be sold without such publication, and the Sheriff shall, in his return of the writ, state his inability to procure the publication, and such return shall have the same effect in evidence as the official returns of Sheriffs in other cases. (467.) 1. An Act of 1877 (p. 93) legalizes Sheriffs' sales made before March 2, 1877, on judgments entered by written agreement not indorsed on the summons, and without formal service of process. Sheriffs' sales made before March 14, 1877, pursuant to the Act of March 11, 1875 (1875, p. 115), when advertised in a newspaper other than the one nearest to the land, were legalized by an Act of 1877 (p. 106); and Sheriffs' sales when advertised in the English language in German newspapers, prior to March 21, 1879, were legalized by an Act of 1879 (S., p. 179). Sales by administrators, guardians, and commissioners were also legalized by the last cited Act. 2. The "local habitation" of a newspaper is the town or city where it is published, not a particular building therein.- Rutenfranz v. Stacer, 58 Ind. 467. 3. Publication for three weeks means for twenty-one days, excluding both the first day of publication and the day of sale.- Meredith v. Chancey, 59 Ind. 466. 4. A sale in parcels may be waived by the execution-defendant.-Joyce v. Bank, 62 Ind. 188. 5. In a suit by a purchaser at a void Sheriff's sale, to recover the amount paid by him from the execution-defendant, the Sheriff is not a necessary party.- Coan v. Grimes, 63 Ind. 21. 6. An averment in a suit to set aside a Sheriff's sale, that "no valid appraisement had been made, is bad pleading.— Kellogg v. Tout, 65 Ind. 146. 758. Damages against Sheriff for breach of duty. 548. A Sheriff who shall sell any real estate without giving the previous notice herein directed, or shall sell the same otherwise than in the manner herein prescribed, shall forfeit and pay to the party injured not less than ten nor more than two hundred dollars, in addition to such other damages as the party may have sustained, to be recovered from the Sheriff, or from him and his sureties, in an action on his official bond. (474.) 759. Purchase by Sheriff void. 549. If any Sheriff or his deputy, making sale of property on execution, shall, directly or indirectly, purchase the same, the sale shall be void. (475) 760. Bidder not paying-Liability. 550. Whenever the purchaser of any property sold on execution shall fail or refuse to pay the purchase-money, he shall be liable, on motion to be made by the Sheriff or the execution-plaintiff or defendant, in the proper Court, five days' notice being given, to a judgment for the amount of the purchase-money, and damages not exceeding ten per cent, and interest, with costs; and no stay of execution shall be allowed upon the judgment. (476.) 761. Re-sale-Liability of first bidder. 551. Or the Sheriff may. re-expose and sell the property, on the same or any subsequent day, according to law; and if the amount bid at the second sale shall not equal the amount bid at the first sale and the costs of the second sale, the first purchaser shall be liable for the deficiency, and damages thereon not exceeding ten per cent. and interest and costs, to be recovered by a like notice and motion as provided in the last section. In case he sells on a subsequent day, he shall re-advertise as in other cases. (477.) 762. Excess to debtor. 553. When property shall be sold on execution for more than will satisfy the execution, including interest and costs, the Sheriff shall pay the overplus to the execution-debtor of whom it was levied, or to his assigns, unless he be notified of the existence of liens to the payment of which it ought to be applied; and in that event he shall return the money, to be disposed of as the Court shall direct. (479.) 1. On the death of the defendant, the surplus goes to his heirs.- Shaw v. Hoadley, 8 Blackf. 165. 2. The Sheriff ought not to execute a deed or certificate until the bid is paid.Ruckle v. Barbour, 48 Ind. 274. 3. A certificate of sale may be assigned and a deed be made to the assignee.Splahn v. Gillespie, 48 Ind. 397. 4. The redemption law of 1861 did not affect any right of redemption theretofore existing under general principles of law or equity.— Holmes v. Bybee, 34 Ind. 262. 5. A Sheriff's deed, founded upon a decree void for uncertainty, can not be reformed. Lewis v. Owen, 64 Ind. 446. 6. Only the judgment-debtor is liable for rents and profits of lands sold upon execution for the year allowed for redemption.- Wilson v. Powers, 66 Ind. 75; Graves v. Kent, 67 id. 38. 763. Deed of Sheriff. 546. Upon the sale of real estate by virtue of an execution, and the payment of the purchase-money, the Sheriff making the sale, or, in case of his death or going out of office, his successor, or any officer authorized to discharge the duties of the office, shall execute and deliver to the purchaser a deed of conveyance for the premises, which shall be valid and effectual to convey all the right, title, and interest of the execution-debtor therein to the purchaser, except any right of redemption, as provided by law. (472.) 1. A Sheriff's deed need only be supported by proof of its execution, a valid judgment, and a sale under it.- Rucker v. Steelman, 73 Ind. 396. 2. The failure of the Sheriff to execute a certificate of sale to the buyer does not invalidate the sale.-- Id. 3. The statute does not require that the last publication of a sale of realty shall be twenty days before the sale.-Rhoades v. Delaney, 50 Ind. 468. 4. When a sale is adjourned, notice must be given anew.- Patten v. Stewart, 26 Ind. 395. 5. The notice need not state that rents and profits will be first offered. . Weicht, 9 Ind. 394. Brownfield 6. If a Sheriff convey land sold by him, without payment of the purchase-money, his deed is void.- Swope v. Ardery, 5 Ind. 213. 764. Deed to heirs or devisees. 547. In case the purchaser of any real estate upon execution having paid the purchase-money therefor shall die before a deed of conveyance shall have been executed to him, the Sheriff shall convey such real estate to the heirs or devisees of the deceased person. (473-) 765. Purchaser subrogated, when. 863. If, upon the sale of property, real or personal, the title of the purchaser is invalid as to all or any part of such property, by reason of any defect in the proceedings or want of title, the purchaser may be subrogated to the rights of the creditor against the debtor, to the extent of the money paid and applied to the debtor's benefit; and where the judgment is entered satisfied in whole or in part by reason of such sale, such purchaser, upon notice to the parties to the proceeding, and upon motion, may have such satisfaction of the judg 766-768 §§ ment vacated in whole or in part. Such purchaser, when the proceedings are defective, or the description of the property sold is imperfect, shall also have a lien to the same extent on the property sold as against all persons except bona fide purchasers without notice; but this section shall not be construed to require the creditor to refund the purchase-money by reason of the invalidity of any such sale. [1881 S., p. 593. In force April 11, 1881.] 766. Certificate of purchase-Contents-Duplicate-RecordAssignment. 1. Whenever any real estate or interest therein shall be sold by the Sheriff on execution or decretal order, he shall issue to the purchaser (or, if the real estate be sold in parcels, to different purchasers, to each purchaser) a certificate of purchase. Such certificate shall show the Court in which the judgment or decree was rendered, the parties thereto and date thereof, the dates of the execution and sale, the name of the owner and purchaser, and price paid; and shall contain a particular description of the premises and the estate therein sold, whether in fee, for life, or for years; and shall state the time when the purchaser will be entitled to a of the property. The Sheriff making such sale shall prepare conveyance and sign a duplicate of such certificate of purchase, and forthwith deliver it to the Clerk of the Circuit Court of the county in which such real estate is situate. Such Clerk shall immediately record the certificate in the "Lis pendens record" kept in his office. The certificate shall be assignable by indorsement, and shall entitle the purchaser, his heirs, devisees, or assigns, to a conveyance of the estate in said real property bought by such purchaser, at the expiration of one year from the date of his purchase, unless the same shall have been previously redeemed as hereinafter provided. Any assignment of such certificate, duly acknowledged as in case of deeds, shall, together with the acknowledgment, be recorded by the Clerk in the "Lis pendens record" at the request of the assignee, and on the payment or tender of the fees allowed therefor. 2. The owner 767. Owner entitled to possession for one year. of the real estate or interest therein, sold as aforesaid, shall be entitled to the possession of the same for one year from the date of such sale. 768. Manner of redemption by owner-"Lis pendens" entry. 3. The real estate or interest therein sold as aforesaid, or any part thereof separately sold, may be redeemed at any time within one year from the date of such sale, by the owner thereof, or by his executor or administrator under the direction of the Court appointing him, or the Judge thereof in vacation, or by his heirs or devisees, or by any one holding either the legal or equitable title, by paying to the Clerk of the Court in whose office such certificate of purchase is required to be recorded, for the use of the purchaser, his executors, administrators, or assigns, the amount of his purchase-money, and interest at the rate of eight per cent. per annum thereon from the date of his purchase; or if the premises shall have been previously redeemed by any person having a lien thereon, as hereinafter provided, then by paying to such Clerk, for the use of the last redemptioner, the amount paid by him for the redemption, with interest at the rate of eight per cent. per annum thereon and his cost of redemption. If the real estate has been sold in separate parcels by the Sheriff, such owner or other per son may redeem any separate parcel or parcels sold in one body, by paying to such Clerk, for the use of such purchaser, the amount paid by him for |