
    Smith et al. v. Vanscoten et al.
    
    
      A, having a judgment against B, and B being insolvent, but the owner of an equitable interest in some land, instituted an action to subject that interest to his judgment. The Court, under the issues on the trial, found that B owned personal property worth 97 dollars and 1 cent, and that he was entitled to 202 dollars and 99 cents, out of the value of his equitable interest in the land, to make the 300 dollars, to which he was entitled as exempt from execution, and that he then owed on the land 100 dollars to the grantor of it to him, which was a lien, and ordered the land to be sold, and the last named sum to be first paid, and then the 202 dollars and 99 cents, to B, out of the proceeds of the sale, and the residue to be applied on the plaintiff’s judgment. The land was sold, and bought by the plaintiffs. They tendered the 100 dollars, but did not tender to B the 202 dollars and 99 cents, and in this condition of the matters the Court below ordered that the equitable estate should be conveyed in fee to the purchasers aforesaid.
    Held, that, under the circumstances, this was error.
    APPEAL from tbe Steuben Circuit Court.
   Per Curiam.

Suit for specific performance. Judgment for tbe plaintiffs. Appeal by tbe defendants.

Tbe facts of tbe case are these :

In 1859 Oliver Smith sold to Willis ■ Carpenter tbe land in question in this suit for 150 dollars. Tbe sale was by parol, but Carpenter paid 75 dollars of the purchase-money and took possession. Tbe land lies in Steuben county, Indiana.

In March, 1860, Vanscoten and Thompson recovered a judgment against Carpenter for about 175 dollars. Execution was issued and returned no property found, whereupon proceedings were instituted to subject tbe equitable interest of Carpenter in tbe land so purchased to sale. Tbe Court found that Carpenter bad personal property of tbe value of 97 dollars and 1 cent, that be was entitled to 202 dollars and 99 cents of tbe value of bis interest in tbe land to make up bis 800 dollars claimed as exempt from execution, and adjudged that bis interest in tbe land should be sold, subject to tbe claim of Smith for purchase-money unpaid, then about 100 dollars, and 202 dollars and 99 cents exempt from execution upon tbe claim of Carpenter. Tbe sale was made, Vanscoten and Thompson being tbe purchasers, subject, &e. After tbe sale they'tendered to Smith tbe amount due to him, but did not tender to Carpenter the amount due him as exempt from execution. The Court below ordered Smith to make a deed.

A. Mlison, for the appellants.

Blake § Chapin, for the appellees.

This was error.

The judgment is" reversed, with costs. Cause remanded.  