Superior Court for Law and Equity, Mero District.
November 1807.
The obligee of a bond for title, under an attachment against the obligor who was a non-resident, recovered judgment, and became the purchaser of the land mentioned in the bond, for less than the face of his judgment; held, that having obtained the land for which he contracted, he was entitled to nothing more except the costs of the suit at law, and that the balance of the judgment should be perpetually enjoined with costs.
In Equity. — The bill stated articles of agreement
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obliging the plaintiff to convey a tract of land upon the payment of a certain sum; that the plaintiff lived in Kentucky, and defendant here; avers, that he wrote to the defendant that he was always ready to convey if he had the courses, which he wished to be sent to him; that the defendant promised to do so, but never did; that the defendant brought a suit against him by attachment, and recovered judgment without his knowing any thing of the proceeding, and prays for an injunction.
It appeared that the land was sold by execution under the judgment recovered, that the defendant purchased it, and obtained a sheriff’s deed.
Per Curiam.
The defendant has obtained the land for which he contracted, with which, and the costs, he ought to be content. Let the balance of the judgment be perpetually enjoined, the defendant to pay the costs of this court, and the plaintiff the costs of the attachment and proceedings thereon.[1]