Roger B. Taney

“ But the Court of Appeals of Maryland, in the two cases above referred to, have decided that neither the return nor the deed pass the title; that they are nothing more than evidence of the sale; and that it is the sale which transfers the title, by operation of law. It would seem to follow from these decisions, that it cannot be material at what time this evidence is obtained. He cannot recover without it, because the sale being within the statute of frauds, it must be proved by written evidence. ”

“ If the deed was void for fraud, then the party alleging the fraud cannot set up the deed for any purpose; if he claims a benefit from it, he cannot impeach it.
The question presented on the first bill of exceptions is, whether the Court erred in allowing the marshal to make out his return to the execution, after the jury were sworn to try the cause?
It is submitted to the Court, that the plaintiff in ejectment should have a title at the time of the demise laid in the declaration. A purchaser at a sheriff's sale, must show a title in the defendant, under whom he claims. ”

“ But, if property, real or personal, is seized under a fieri facias, before the return day of the writ; the marshal may proceed to sell, at any time afterwards, without new process from the Court. And as a special return on the fieri facias is one of the modes of proving the sale, and securing the title of the purchaser; the marshal must be authorized to make the endorsement, after the regular return term, in cases when the sale was made afterwards. ”