by John Marshall Harlan

“ It is not denied that the signatures of Carlton and Wilshire are genuine, or that they were the attorneys of appellees in the foreclosure suit, nor is it suggested or hinted that they acted, in the matter of that agreement, without the authority, knowledge, or consent of appellees; so that the answer only intended to make the point that appellees themselves did not agree that the proceeds of any sale should be held by the circuit court 'in place of the property, to abide the decision of the case on appeal.' That is simply playing upon words. ”

“ When appellees present a decree of sale under which they purchased the lands, and in virtue of that decree, and the sale had under it, claim the lands, Halliday may well say, 'Whatever may be the rights of Craig's estate, in respect to the lands, and whatever may be your right to the proceeds of the sale at which I purchased, you cannot claim the lands purchased by me under a former decree, which sale occurred with your consent, and which purchase was confirmed, and a deed made to me, without objection from you;' and this position is consistent with the principles of equity. ”

“ The appellant, who was the plaintiff below, holds a commissioner's deed made by order of the circuit court of that county in a foreclosure suit brought by the personal representative of Junius W. Craig, while the appellees hold a commissioner's deed made by order of the same court, in the same cause, at a subsequent date. The relief sought is a decree restraining the defendants from all attempts to take possession of the lands, or from obtaining a writ of possession for them. ”