Stanley Matthews

“ The levari facias issued upon the judgment upon the mortgage directed the sale of the mortgaged premises for the satisfaction of the debt, describing them as divided into three lots. Lot No. 1 was purchased by the defendants, the owners of the mortgage, and plaintiffs in the action, for the sum of $10,000, and lot 2, at the same sale, was also purchased by them for the sum of $2,000. The sheriff's return showed that he took from the purchasers their receipt as plaintiffs in the writ for the amount of the debt and interest, and that he had the balance of the purchase money, as commanded. ”

“ The sheriff makes return of the sale, with the proceeds, to the court whence it issued, and gives to the purchaser a deed for the premises so sold, but not until it has been formally acknowledged in court, as required by law. Id. 658, pl. 119. This acknowledgment is a public, judicial act, made in open court, and only after notice to all parties in interest. Id. 658, pl. 122. To this proceeding the judgment debtor is a party, and at the hearing may make any objection to the confirmation of the sale. The action of the court has all the effect of a judicial decree. ”

“ It is objected that this judgment, and consequently all proceedings under it, including the sale on execution to the defendants, are void, because the declaration, one count of which was for materials furnished to the premises sold at the request of the wife, does not sufficiently allege a contract binding upon her as a married woman, and because the judgment was confessed, and not rendered upon a verdict or finding of the facts. ”

“ It appears from a bill of exceptions that 'the plaintiff offered to prove that a tender of the money, under decree of the supreme court of Pennsylvania, in suit No. 60, January term, 1868, was made about the end of May, 1869, by Charles H. Muirhead; that the assignment was returned from Lyon and Taylor executed in blank; that said C. H. Muirhead required that an assignment of said mortgage, with the blanks filled in, should be signed by said Lyon and Taylor ”