
    LARKIN CARDEN v. N. J. SPILMAN, S. S. GLENN, and I. S. HAMILTON.
    (S. C., Thomp. Cas., 25-26.)
    Knoxville,
    September Term, 1847.
    REDEMPTION. Right of, cannot be defeated by sale, when.
    An execution debtor cannot, even by an absolute deed for a valuable consideration, release his equity of redemption so as to defeat other judgment creditors of their right to redeem. [See notes 28-31 under section 3812, and note under section 3187 of Code; Burton v. Robinson, 9 Bax., 369.]
    This was a bill filed in chancery, at Madisonville, to enforce the redemption of land sold at execution' sale and purchased by respondent Spilman. After the sale, Spilman, by contract with Hamilton, the execution debtor, obtained an absolute deed to the land for a valuable consideration. Carden, a judgment creditor by several judgments before a justice of tbe peace, tendered to Spilman tbe money bid at tbe sale of the land witb interest; but Spilman refused to treat witb him and rode off.
    Redemption, when and how made. Code, secs. 3813-3819, and notes.
    Tender of redemption money, sufficiency of, refusal, and remedy. See notes 3, '46-52 under section 3812 of Code.
    Tbe court below decreed a sale of tbe lands to satisfy, first tbe amount bid at tbe sale; then tbe amount of Car-den’s debts.
   Green, J.:

Tbe decree is unusual, but less advantageous to tbe complainant than it should be. If be bad chosen, tbe land ought to have been decreed to him. The refusal to treat does away witb tbe necessity of a tender, and also of tbe offer required by tbe statute to credit tbe execution of com-plainant witb tbe amount of ten per cent, on tbe amount bid at tbe sale. [Burton v. Robinson, 9 Bax., 369.]

At any rate tbe purchaser cannot insist upon this, as it is purely for tbe benefit of tbe execution debtor. Tbe debtor cannot release bis equity of redemption so as to defeat other judgment creditors of their right to redeem. Decree affirmed witb tbe condition that tbe land when sold shall pay upon Carden’s debt ten per cent, of tbe amount bid at tbe original sale.

Decree affirmed.  