
    
      Superior Court of Detroit.
    
    Andrew Ross vs. Jeremiah Connor.
    
      Alias Execution — Levy on Beal Estate.
    
    Plaintiff obtained a judgment against defendant, and, under an execution issued, the sheriff levied upon four lots situate in the city of Detroit, as the property of defendant, sold the same, plaintiff being the purchaser, and returned the fi. fa. wholly satisfied.
    Defendant was aware of what was done, and in writing requested and obtained an adjournment of the sheriff’s sale as advertised.
    But after the sale defendant claimed that one lot sold was the homestead of defendant and his family.
    Plaintiff quit claimed said lot to defendant, reserving in the deed all right to collect the balance thus. left unpaid in the judgment, and then applied to the Court and obtained an alias fi. fa. for the amount bid at the sheriff’s sale for the lot so quitclaimed. It appeared that neither plaintiff’s attorney nor the sheriff were at fault in the levy on the homestead.
    Defendant moved to vacate the order granting the alias fi. fa. on several grounds. His counsel cited the following authorities:
    1. Because the principle of caveat emptor applies to such sales.
    Hermann on Executions, Sec. 214, and cases cited.
    Moore vs. Aiken, 2 Hill (S. C.) 102.
    Weidler vs. Farmer’s Bank of Lancaster, 11 S. & R., 134.
    Vattier vs. Lytte’s Ex’es, 6 Ohio, 478.
    Baird vs. Rice, 1 Coll., 23,
    
      2. Such alias writ cannot be granted on motion.
    Parker vs. Judge, Calhoun Circuit, 24 Mich., 408.
    Jennison vs. Haire, 20 Mich., 216.
    Brown vs. Thompson, Do., 75.
    3. The purchaser of property at an execution sale is chargeable with notice of its value and situation, and of the legal rules bearing upon the situation.
    Morris, et al. vs. Rohey, 73 Ill,, 462.
    4. An alias execution cannot issue until the first is vacated upon the records.
    
      Hermann on Ex., 242. 5 Ala., 89.
    5. The correct procedure to vacate return of first execution as a basis for issuing an alias is by scire facias-- or by bill in equity.
    Hughes vs. Streeter, 24 Ill., 648.
    As defendant prevailed in the motion, we do not give the authorities cited by plaintiff’s counsel on the argument.
    (January, 1882.)
    
      Chas. B. Howell for Plaintiff.
    
      Ovid N. Case for Defendant.
   The Court,

Chipman, J.:

Granted the motion, but-did not state the specific ground on which the decision was based.  