JUDICIAL SALE. A sale, by authority of some competent tribunal, by an officer au thorized by law for the purpose. The term includes sales by sheriffs, marshals, masters, commissioners, or by trustees, executors, or administrators, where the latter sell under the decree of a court.
A sale, whether public or private, made by a receiver, pursuant to the direction or au thority given by the court ; In re Denison, 114 N. Y. 621, 21 N. E. 97.
It is premature and erroneous to decree a sale of property to satisfy incumbrances thereon before ascertaining the amounts and priorities of the liens binding such property ; Bristol Iron & Steel Co. v. Caldwell, 95 Va. 47, 27 S. E. 838.
A decree confirming a master's sale, and declaring that the title be vested in the pur chaser "upon the payment of the purchase money," vests no title in such purchaser un til the purchase money is paid ; Blair v. Blair (Tenn.) 41 S. W. 1078.
The officer who makes the sale conveys, all the rights of the defendant, and all Other persons legally affected by the proceedings, in the property sold. Under such a sale there is no warranty, either express or implied, of the thing sold ; The Monte Allegre, 9 Wheat. (U. S.) 616, 6 L. Ed. 174 ; Boorum v. Tucker, 51 N. J. Eq. 135, 26 Atl. 456; Wright v. Tich enor, 104 Ind. 185, 3 N. E. 853. A sale of real estate does not conclude one not a party to those proceedings ; and whatever title be had to the property so sold remains unaffect ed by the sale ; United Lines Telegraph Co. v. Trust Co., 147 U. S. 431, 13 Sup. Ct. 396, 37 L Ed. 231. Where the property sold under a decree is correctly represented by a plat, re ferred to in the advertisement and exhibited at the sale, which discloses an encroachment on a street, the purchaser cannot plead igno rance thereof ; Carnal v. Lynch, 91 Va. 114, 20 S. E. 959, 50 Am. St. Rep. 819. A purchas er at a judicial sale, not made under compul sory process, can set up eviction of a par amount title as a, defence in an action for the purchase money, but where land is sold in equity to pay the debts of an estate, and a judgment has to be rendered against the pur chaser for the purchase money, he cannot enjoin its collection because of eviction ; Lat imer v. Wharton, 41 S. C. 508, 19 S. E. 855, 44 Am. St. Rep. 739.
The doctrine of caveat emptor applies to a.; sale under a decree foreclosing a mort
gage, and the purchaser cannot rely upon statements made by the officer conducting the sale that he will get a title free from in cumbrance ; Norton v. Trust Co., 40 Neb. 394, 58 N. W. 953.
The purchaser of a leasehold interest at a sheriff's sale is charged with notice of the lease and subject to its covenants and con ditions ; Aderhold v. Supply Co., 158 Pa. 401, 28 Atl. 22 ; and a purchaser at such sale of an heir's interest is bound by notice given at the sale by decedent's heirs that the in terest was subject in the purchaser's hands to the right, if any, of decedent's estate to charge the heir's indebtedness against his share ; Donaldson's Estate, 158 Pa. 292, 27 Atl. 959. Where a conveyance from a life tenant is procured by fraud and the property sold under a judgment against a vendee, a purchaser at that sale with knowledge of the fraud can hold against the devisees in re mainder; Fields v. Bush, 94 Ga. 664, 21 S. E. 827.
A decree homologating proceedings at a family meeting to sell a child's property will protect a purchaser in good faith ; Dante rive v. Shaw, 47 La. Ann. 882, 17 South. 345. Equity will not relieve a purchaser from com plying with the terms of sale because of a defect in the title, rendering the title un marketable, of which the purchaser was cog nizant ; Stewart v. Devries, 81 Md. 525, 32 Atl. 285. Where land is sold under a condi tion not authorized by the decree of sale, the purchaser will not be compelled to take the title although his son signed the condition without apprehending its effect ; Recor v. Blackburn, 71 Hun 54, 24 N. Y. Supp. 692. It is well settled that "the title of an inno cent purchaser of land at a judicial sale un der a mortgage is not affected by the usuri ous character of such mortgage." Sharpe v. Tatnall, 5 Del. Ch. 302 ; Elliott v. Wood, 53 Barb. (N. Y.) 285. See- as to bona fide pur chaser, Riley v. Martinelli, 97 Cal. 575, 32 Pac. 579, 21 L. R. A. 38, 33 Am. St. Rep. 209. When real estate is sold by the sheriff or marshal the sale is subject to the confirma tion of the court, or it may be set aside. See McPherson v. Foster, 4 Wash. C. C. 45, Fed. Cas. No. 8,921; Bleeker v. Bond, 4 Wash. C. C. 322, Fed. Cas. No. 1,536.