John Archibald Campbell

“ The right of the plaintiff to precedence over the judgment creditor, or the purchaser under his execution, does not depend upon the exercise of the extraordinary jurisdiction of the Court of Chancery, and is not confined by the rules under which that court administers that jurisdiction. ”

“ In the ordinary case of the purchase of an estate, the assignment of a particular day or a specified place for the perfection of the title is considered as merely formal, the general object of the contract being the sale of an estate for a given sum, and the stipulation signifying that the purchase shall be completed promptly, and in a reasonable manner, regard being had to the circumstances of the case, and the nature of the title and property. ”

“ If the purchasers from the sheriff acquired any title to that money by their purchase of the land, it is evident that it should have been asserted by a direct appeal to the court, and not by an adversary proceeding at law for the land. If a person pendente lite takes an assignment of the interest of one of the parties to the suit, he may, if he pleases, make himself a party by bill, but he cannot by petition pray to be admitted as a party defendant ”

“ There is no other specification of fraud, and the general charges of fraud, unaccompanied by a statement of the facts constituting the fraud, have no effect or influence.
We are of opinion that there is no error in the record, and the judgment of the Supreme Court of Minnesota Territory is affirmed. ”

“ The conveyances referred to in these articles were not executed until May, 1853, and purport to have been made in obedience to a decree of the District Court of Ramsey county, in a suit commenced by Steele against Taylor.
The complaint of Steele against the fifty-four defendants is, that they claimed an 'estate,' 'interest,' or 'right,' in that property, have from time to time declared that they were owners thereof, and have executed conveyances for a portion, and offer to sell or dispose of other parts, contrary to the right of the plaintiff. ”

“ But, before the transfer to the plaintiff had been made, judgments were obtained and docketed against Taylor, which were 'a lien upon all the real property of the debtor in the county owned by him at the date of the judgment, or afterwards acquired.' The influence of these judgments, and of the levy of the executions upon the land described in the agreement of January, 1852, and the sale under those executions, remains to be considered. ”

“ The record of that contract is notice to subsequent purchasers; and Steele, by the statutes of the Territory, was entitled to have 'precedence of' them, and 'a lien upon the land, according to the import and meaning of the contract.' (Rev. Stat., ch. 47, sec. 3.)
It is not denied that the plaintiff paid one thousand dollars at the execution of the contract, nor that the twenty-four thousand dollars were paid within sixty days into a bank at Boston a bank of solvency and credit-nor that a certificate of deposit within a reasonable time afterward was offered to Taylor, at St. Anthony's Falls ”

“ That the decree in the suit between Steele and Taylor cannot be impeached collaterally, but only by direct proceedings.
11. That the defendants had no right to intervene in the equity suit.
12. No appeal will lie from the motion to strike out portions of the defendants' answers.
13. Every material fact to show the right of Steele to the land is admitted in this case, and no fact set up in the answers shows any right in the defendants. ”

“ The rule has been applied with steadiness to all cases of transfer during the progress of a cause, notwithstanding the hardship of individual cases, from considerations of public policy and convenience. Suits would be interminable, if the rights of the parties could be disturbed by mesne conveyances, and a necessity imposed for the introduction of other parties upon the record. ”