450; Piel v. Brayer, 30 Ind. 332; Gregory v. Purdue, 32 Ind. 453; Bardeus r. Huber, 45 Ind. 235. Lands sold under a decree of foreclosure of a mortgage must be sold in parcels. Piel v. Brayer, 30 Ind. 332. The debtor may direct the order in which the several parcels shall be offered if such directions do not prejudice the rights of the creditor. Gregory v. Purdue, 32 Ind. 453. If the court directs lands to be sold in parcels, and the officer violates the order, the sale may be set aside. Meriwether v. Craig, 118 Ind. 301. If the debtor has conveyed the lands levied upon, such lands should be sold in the inverse order in which they were conveyed. Ritter v. Cost, 99 Ind. 80; Richey v. Merritt, 108 Ind. 347. The sheriff can only make sales for cash. Chapman v. Harwood, 8 Blkf. 82; McCormick v. Wood Co., 72 Ind. 518; Carnahan v. Yerkes, 87 Ind. 62; Liggett v. Firestone, 96 Ind. 260; Ruckle v. Barbour, 48 Ind. 274. Inadequacy of consideration is not alone sufficient to avoid a sale under execution, but it is a circumstance to be considered in connection with irregularities in the sale. Law v. Smith, 4 Ind. 56; Benton v. Shreeve, 4 Ind. 66; Hamilton v. Burch, 28 Ind. 233; Dawson v. Jackson, 62 Ind. 171; Fletcher v. McGill, 110 Ind. 395; Wright v. Dick, 116 Ind. 538. Sheriff's sales are within the statute of frauds, and what is a sufficient memorandum, see Ruckle v. Barbour, 48 Ind. 274; Hadden v. Johnson, 7 Ind. 394; Gossard v. Ferguson, 54 Ind. 519; Maher v. Ætna Co., 116 Ind. 486; Ridgway v. Ingram, 50 Ind. 145; Elston v. Castor, 101 Ind. 426. 769. (757.) Notice of sale of realty.-541. The time and place of making sale of real estate on execution shall be advertised by the sheriff for at least twenty days successively next before the day of sale, by posting up written or printed notices thereof in three public places in the township in which the real estate is situated, and a like advertisement at the door of the court-house of the county, and also by advertising the same for three weeks successively in a newspaper of general circulation, printed in the English language, and published in the county where the real estate is situate: Provided, That if the sheriff shall not be able to procure the publication of the notice in a newspaper of general circulation, published within his county, it shall be lawful for him to dispense with the publication of the notice, and the land may be sold without such publication, and the sheriff shall, in his return of the writ, state his inability to procure the publication. and such return shall have the same effect in evidence as the official returns of sheriffs in other cases. The act of 1875, providing for the publication of notices in German newspapers in certain cases, held to be unconstitutional. Reissner v. Hurle, 50 Ind. 424. Notices of sales given pursuant to such act were legalized by the act of 1879. Acts 1879, p. 179. The attempted amendment of this section by the act of 1875. Acts 1875, p. 115, was invalid. Reissner v. Hurle, 50 Ind. 424. Notices given under such attempted amendment were legalized by the act of 1877. Acts 1877, p. 106. All papers published in the same town or city are considered of equal nearness to lands. Rutenfranz v. Stacer, 58 Ind. 467; Greenlee v. Marks, 62 Ind. 418. The notice must be published twenty-one days before the day of sale, excluding the day of the first publication and the day of sale. Meredith v. Chancey, 59 Ind. 466; Hill v. Pressley, 96 Ind. 447. The "twenty days" mentioned in this section has reference only to the posting of notices. Smith v. Rowles, 85 Ind. 264. The last publication need not be twenty days before the sale. Rhoades v. Delaney, 50 Ind. 468. Publication of a notice in a newspaper published on Sunday is void. Shaw v. If a sale is postponed for any cause, a new notice must be given. Patten v. Stewart, 26 Ind. 395. If the return of the sheriff does not show the dates of publication of notice the same may be otherwise proven. Meredith v. Chancey, 59 Ind. 466. Innocent purchasers are not affected by a failure of the officer to give notice of the sale. White v. Cronkhite, 35 Ind. 483. If the execution plaintiff purchases on an insufficient notice, his title is invalid. Meredith v. Chancey, 59 Ind. 466. The notice need not state that the rents and profits will be first offered for sale. Brownfield v. Weicht, 9 Ind. 394. 770. (758.) Damages against sheriff for breach of duty.-548. A sheriff who shall sell any real estate without giving the previous notice herein directed, or shall sell the same otherwise than in the manner herein prescribed, shall forfeit and pay to the party injured not less than ten nor more than two hundred dollars, in addition to such other damages as the party may have sustained, to be recovered from the sheriff, or from him and his sureties, in an action on his official bond. If a sheriff fails to give notice as required he is liable under this section. White v. Cronkhite, 35 Ind. 483. 771. (759.) Purchase by sheriff void.-549. If any sheriff or his deputy, making sale of property on execution, shall, directly or indirectly, purchase the same, the sale shall be void. 772. (760.) Bidder not paying-Liability.-550. Whenever the purchaser of any property sold on execution shall fail or refuse to pay the purchase-money, he shall be liable, on motion to be made by the sheriff or the execution plaintiff or defendant, in the proper court, five days' notice being given, to a judgment for the amount of the purchase-money, and damages not exceeding ten per cent. and interest, with costs; and no stay of execution shall be allowed upon the judg ment. If the purchaser fails to pay the purchase-money, he may be proceeded against under this section. Dean v. Phillips, 17 Ind. 406. The execution plaintiff has no equitable lien upon the land for the unpaid purchasemoney. Day r. Vallette, 25 Ind. 42. The purchaser is not required to pay the purchase-money until he is tendered the proper evidence of title. Williams v. Lines, 7 Blkf. 46. If the debtor has no title to the lands sold, the purchaser is not liable for the purchase-money. Julian v. Beal, 26 Ind. 220. A defective title does not release the bidder from payment of the purchase-money. Rodgers v. Smith, 2 Ind. 526. 773. (761.) Re-sale-Liability of first bidder.-551. Or the sheriff may re-expose and sell the property, on the same or any subsequent day, according to law; and if the amount bid at the second sale shall not equal the amount bid at the first sale and the costs of the second sale, the first purchaser shall be liable for the deficiency, and damages thereon not exceeding ten per cent. and interest and costs, to be recovered by a like notice and motion as provided in the last section. In case he sells on a subsequent day, he shall re-advertise as in other cases. If the proper evidence of title is not tendered to the purchaser, he is not liable for failing to pay the purchase-money. State, ex rel., v. Lines, 4 Ind. 351. 774. (762.) Excess to debtor.-553. When property shall be sold on execution for more than will satisfy the execution, including interest and costs, the sheriff shall pay the overplus to the execution debtor of whom it was levied, or to his assigns, unless he be notified of the existence of liens to the payment of which it ought to be applied; and in that event he shall return the money, to be disposed of as the court shall direct. On the death of the defendant, the surplus goes to his heirs. Shaw v. Hoadley, 8 Blkf. 165. See Fisher v. Freeman, 65 Ind. 89. The assignee of the judgment debtor is entitled to the surplus of the purchase-moneyDavis v. Cumberland, 6 Ind. 380. The officer may apply the surplus purchase-money on other executions. Steele v. Hanna, 8 Blkf. 326; Benton v. Shreeve, 4 Ind. 66; Duke v. Beeson, 79 Ind. 24. If a replevin bail pays part of a judgment, he is entitled to be repaid out of the surplus of the purchase-money. Colgrove v. Cox, 22 Ind. 43. The officer, without authority from the proper parties, has no authority to pay the surplus to the clerk of the court, but such a payment may be ratified. State, ex rel., . Early, 81 Ind. 540. 775. (763.) Deed of sheriff.-546. Upon the sale of real estate by virtue of an execution, and the payment of the purchase-money, the sheriff making the sale, or, in case of his death or going out of office, his successor, or any officer authorized to discharge the duties of the office, shall execute and deliver to the purchaser a deed of conveyance for the premises, which shall be valid and effectual to convey all the right, title, and interest of the execution debtor therein to the purchaser, except any right of redemption, as provided by law. The sheriff ought not to execute a deed or certificate until the bid is paid. Ruckle *. Barbour, 48 Ind. 274. If a sheriff convey land sold by him, without payment of the purchase-money, his deed is void. Swope v. Ardery, 5 Ind. 213. As to what is sufficient to set forth in a deed, see Carpenter v. Russell, 129 Ind. 571. On the expiration of the time for redemption the sheriff should execute a deed to the proper person, and he may be compelled by mandate to do so. Jessup v. Carey, 61 Ind. 584. Delay in execution of the deed does not affect the title of the purchaser. Jones r Kokomo Ass'n, 77 Ind. 340. Mistakes made in the description of lands in the proceedings upon which a deed is founded can not be corrected. Rogers v. Abbott, 37 Ind. 138; Miller v. Kolb, 47 Ind. 220; Lewis v. Owen, 64 Ind. 446; Conyers v. Mericles, 75 Ind. 443; Keepfer v. Force, 86 Ind. 81. Purchasers are only bound to show a judgment, a proper execution and a sale and deed in order to support their title. Carpenter v. Doe, 2 Ind. 465; Splahn v. Gillespie, 48 Ind. 397; Shipley v. Shook, 72 Ind. 511; Woolen v. Rockafeller, 81 Ind. 208. The title of the purchaser relates back to the time the judgment became a lien on the land. Paxton v. Sterne, 127 Ind. 289; Wright v. Tichenor, 104 Ind. 185. 776. (764.) Deed to heirs or devisees.-547. In case the purchaser of any real estate upon execution having paid the purchase-money therefor shall die before a deed of conveyance shall have been executed to him, the sheriff shall convey such real estate to the heirs or devisees of the deceased person. 777. (765.) Purchaser subrogated, when.-863. If, upon the sale of property, real or personal, the title of the purchaser is invalid as to all or any part of such property, by reason of any defect in the proceedings or want of title, the purchaser may be subrogated to the rights of the creditor against the debtor, to the extent of the money. paid and applied to the debtor's benefit; and where the judgment is entered satisfied in whole or in part by reason of such sale, such purchaser upon notice to the parties to the proceeding, and upon motion, may have such satisfaction of the judgment vacated in whole or in part. Such purchaser, when the proceedings are defective, or the description of the property sold is imperfect, shall also have a lien to the same extent on the property sold as against all persons except bona fide purchasers without notice; but this section shall not be construed to require the creditor to refund the purchase-money by reason of the invalidity of any such sale. See section 1097. The purchaser under a decree of foreclosure is subrogated to the rights of the creditor when the sale is invalid. Bodkin v. Merit, 102 Ind. 293. When a sale is set aside the purchaser may have a lien on the land for the purchasemoney. Seller v. Lingerman, 24 Ind. 264. If the sale is set aside the purchaser is subrogated to the lien of the creditor. Short *. Sears, 93 Ind. 505. If the debtor has no title to the land sold the purchaser may recover the purchasemoney from the debtor. Preston v. Harrison, 9 Ind. 1; Hawkins v. Miller, 26 Ind. 173; Westerfield v. Williams, 59 Ind. 221. [1881 S., p. 593. In force April 11, 1881.] 778. (766.) Certificate of purchase-Contents-Duplicate-Record-Assignment.-1. Whenever any real estate or interest therein shall be sold by the sheriff on execution or decretal order, he shall issue to the purchaser (or, if the real estate be sold in parcels, to different purchasers, to each purchaser) a certificate of purchase. Such certificate shall show the court in which the judgment or decree was rendered, the parties thereto and date thereof, the dates of the execution and sale, the name of the owner and purchaser, and price paid; and shall contain a particular description of the premises and the estate therein sold, whether in fee, for life, or for years, and shall state the time when the purchaser will be entitled to a conveyance of the property. The sheriff making such sale shall prepare and sign a duplicate of such certificate of purchase, and forthwith deliver it to the clerk of the circuit court of the county in which such real estate is situate. Such clerk shall immediately record the certificate in the "Lis Pendens Record" kept in his office. The certificate shall be assignable by indorsement, and shall entitle the purchaser, his heirs, devisees, or assigns, to a conveyance of the estate in said real property bought by such purchaser, at the expiration of one year from the date of his purchase, unless the same shall have been previously redeemed as hereinafter provided. Any assignment of such certificate, duly acknowledged as in case of deeds, shall, together with the acknowlment, be recorded by the clerk in the "Lis Pendens Record" at the request of the assignee, and on the payment or tender of the fees allowed therefor. The failure of the sheriff to issue a certificate of purchase does not affect the sale. Rucker v. Steelman, 73 Ind. 396. The certificate is assignable, and the assignee is entitled to receive the deed. Splahn v. Gillespie, 48 Ind. 397; Maddux v. Watkins, 88 Ind. 74. The assignment may be made before or after the time limited for redemption, Conger v. Babcock, 87 Ind. 497; Maddux v. Watkins, 88 Ind. 74. Such certificate conveys no title, and the assignee acquires only the rights of the assignor. Hasselman v. Lowe, 70 Ind. 414. An assignment of a certificate after a redemption is a nullity. Pence v. Armstrong, 95 Ind. 191. One joint debtor can not, on payment of the debt, take an assignment of the certificate. Klippel v. Shields, 90 Ind. 81. The holder of the certificate of sale is entitled to the redemption money. Brown v. Harrison, 93 Ind. 142. 779. (767.) Owner entitled to possession for one year.-2. The owner of the real estate or interest therein, sold as aforesaid, shall be entitled to the possession of the same for one year from the date of such sale. The owner or occupant of lands is not required to account for rents during the time allowed for redemption. Adams v. Glidden, 111 Ind. 528; Davis v. Rupe, 114 Ind. 588. This section applies to all sales made after the passage thereof, without regard to the date of the contract or judgment. Davis v. Rupe, 114 Ind. 588. See Travellers', etc., Co. v. Brouse, 83 Ind. 62. The purchaser of the rents and profits of lands is not entitled to possession until the time for redemption has expired. Johnson v. Briscoe, 92 Ind. 367. If the owner fails to redeem from the sale he will not be entitled to crops growing when the time for redemption expires. Thomas v. Noel, 81 Ind. 382. If crops are sowed before sale, the tenant will be entitled to his share thereof. Heavilon v. Bank, 81 Ind. 249. As to the appointment of a receiver to collect rents of lands sold under mortgage during the time allowed for redemption, see Merritt v. Gibson, 129 Ind. 155. 780. (768.) Manner of redemption by owner-"Lis Pendens " entry.-3. The real estate or interest therein sold as aforesaid, or any |