plete such valuation, another shall be chosen in his stead, as above provided. (448.)

736. Liens and incumbrances, list of. 523. It shall not be the duty of the Sheriff or appraisers to ascertain the amount of liens and incumbrances; but either party may furnish the Sheriff with a list thereof, with the amount and nature of each. (449.)

737. Schedule and valuation. 524. The Sheriff shall furnish the appraisers a schedule of the property levied on, with the incumbrances made known to him, and they shall proceed to fix and set down opposite to each tract, lot, or parcel of real estate, and of the several articles of personal property, the cash value, deducting liens and incumbrances; which schedule they shall return to the Sheriff. (450.)

738. Oath of appraisers. 525. The appraisers shall take and subscribe an oath annexed to such appraisement, to the effect that the property mentioned in the schedule is, to the best of their judgment, worth the sums specified therein; that the same is the fair cash value thereof at the time, exclusive of liens and incumbrances; which oath the Sheriff is authorized to administer and attest, when taken and subscribed by the appraisers. (451.)

739. Purchaser's privilege as to liens - Proviso. 526. Where any property shall be sold subject to liens and incumbrances, the purchaser may pay the liens and incumbrances, and hold the property discharged from all claims of the execution-defendant; or, he may hold the property subject to be redeemed by the execution-defendant, his heirs or assigns, by paying to the purchaser, his heirs or assigns, the purchasemoney, with interest. When redeemed, the purchaser shall have the growing crops, and shall not be accountable for rents and profits, but he shall account for waste: Provided, That nothing contained in this section shall deprive a party from the right to redeem when authorized by statute. (452.)

740. Duty of Sheriff as to unsold property. 527. When any property levied on remains unsold, it shall be the duty of the Sheriff, when he returns the execution, to return the appraisement therewith, stating in his return the failure to sell and the cause of the failure. (453)

I. An execution under this section issues whenever property levied upon by a former writ remains unsold.- Dawson v. Jackson, 62 Ind. 171.

2. Lands levied upon may be sold subject to liens and incumbrances.- Thurston v. Barnes, to Ind. 289; Holmes 2. Bybee, 37 id. 262.

3. Rents and profits of real estate levied upon must be appraised, when appraise ment is required.- Brownfield v. Weicht, 9 Ind. 394; Davis v. Campbell, 12 id. 192; Indiana, etc., R. R. Co. v. Bradley, 15 id. 23.

741. Lien of levy to continue - Limit - New writ. 528. The lien of the levy upon the property shall continue; and the Clerk, when directed by the plaintiff, shall forthwith issue another execution reciting the return of the former execution, the levy and failure to sell, and directing the Sheriff to satisfy the judgment out of the property unsold, if the same be sufficient; if not, then out of any other property of the debtor subject to execution; but such lien as to personal property shall continue only for thirty days (unless a second execution be issued thereon) from the time of said return, at which time it shall be released as to bona fide 'purchasers for value and as to the levies of writs on other judgments, and the levy shall, as between the parties, be deemed vacated; and as to real

property, after six months, the levy of such writ shall be discharged. (454)

742. Re-offer-Costs-Re-valuation. 529. Whenever any property levied upon remains unsold for want of buyers, the plaintiff may cause the same to be re-offered at any time before the return-day of the execution, at his costs, as often as he may direct; but in case of the sale of the property, the costs of such offer and sale shall be taxed against the defendant. Either party may have a re-valuation of the property, at his costs, after any offer to sell. (455.)

743. Fraud-Sale without appraisement.

530. Property conveyed by a debtor, with intent to hinder, delay, or defraud creditors, shall be sold without appraisement. (456.)

744. Delivery-bond. 531. Any personal property taken in execution may be returned to the execution-defendant by the Sheriff, upon the delivery by the defendant to him of a written undertaking, payable to the execution-plaintiff, with sufficient surety, to be approved by the Sheriff, to the effect that the property shall be delivered to the Sheriff at a time and place named in the undertaking, to be sold according to law, or for the payment to the Sheriff of the appraised value thereof, or when the same has not been appraised, then of the fair value of the same. (457.)

I. In a suit upon a delivery-bond made payable by mistake to the officer, the bond may be reformed so as to make the execution-plaintiff the obligee therein.— Bell v, Tanguy, 46 Ind. 49.

2. In such action, no more than enough to pay the execution, with ten per cent. damages, can be recovered.— Hunter v. Brown, 68 Ind. 225.

3. A joint action may be maintained upon a bond executed to different executioncreditors whose writs have equal priority, against the same debtor.- Koeniger v. Creed, 58 Ind. 554.

4. Giving a delivery-bond does not estop the debtor in exemption.— Eltzroth v. Webster, 15 Ind. 21.

5. A bond given upon a second levy, the first being disposed of, is a nullity.Miller v. Ashton, 7 Blackf. 29.

745. Appraisement, when pre-requisite. 532. Before the Sheriff shall deliver any part of the property to the defendant, he shall cause it to be appraised in the manner prescribed by law, when an appraisement thereof is required; and the defendant may sell or dispose of the property, paying the officer the full appraised value thereof. (458.)

746. Non-delivery-Duty of Sheriff. 533. In case of the non-delivery of the property according to the undertaking, it shall be the duty of the Sheriff to levy upon and sell the same, or any other property of the defendant, as soon as practicable, at any time before the return-day of the execution. (459.)

747. Return of forfeiture. 534. Upon the forfeiture of the written undertaking, the officer shall forthwith return it, indorsed "forfeited," to the Clerk's office, for the use of the plaintiff. (460.)

748. Action on bond - Damages. 535. Such undertaking shall be valid in law, and an action had thereon whenever the condition thereof is broken; and on recovery, the value of the property so taken,with damages not exceeding ten per cent. on the value, shall be assessed in favor of the plaintiff. But the recovery shall not exceed the amount due on the execution, and ten per cent. on the principal. (461.)

749. Execution without stay- Return in thirty days. 536. On judgment obtained on such written undertaking, execution shall issue forth

with, without stay, returnable in thirty days; and the Sheriff shall not re turn any property to the execution-defendant levied on thereby, except upon payment of the judgment. (462.)

750. Notice of sale of personalty. 542. Previous notice of the time and place of the sale of any personal property on execution shall be given for ten days successively, by posting up written notices thereof in at least three of the most public places in the township where the sale is to be made. (468.)

1. A sale of personalty, on a notice of nine days, to the execution-plaintiff, is void. -Keen v. Preston, 24 Ind. 395.

2. Personal property must be present and subject to view of bidders, its sale out of view is unauthorized.- Gaskill v. Aldrich, 41 Ind. 338.

751. Personalty, how sold. 543. Personal property shall not be sold unless the same shall be present and subject to the view of those, attending the sale; and it shall be sold at public auction, in such lots and parcels as shall be calculated to bring the highest price. (469.)

752. Real estate liable to judgment, etc. 600. The following real estate shall be liable to all judgments and attachments, and to be sold on execution against the debtor owning the same or for whose use the same is holden, viz.:

First. All lands of the judgment-debtor, whether in possession, remainder, or reversion.

Second. Lands fraudulently conveyed with intent to delay or defraud creditors.

Third. All rights of redeeming mortgaged lands; also, all lands held by virtue of any land-office certificate.

Fourth. Lands, or any estate or interest therein, holden by any one in trust for or to the use of another.

Fifth. All chattels real of the judgment-debtor. (526.)

1. Lands fraudulently conveyed may be attached; but it must be shown that the purchaser was a party to the fraud.— Johnston v. Field, 62 Ind. 377.

2. Lands purchased with the wife's money, and, without her knowledge or consent, conveyed to the husband, and subsequently conveyed by him to her, are not liable upon a judgment against him.- Leonard v. Barnett, 70 Ind. 367.

3. In a suit to subject lands, as fraudulently conveyed, to the payment of a judg ment, it must be alleged and proved that at the time thereof, there was no other property subject to execution, sufficient to pay the existing debts of the grantor.Pfeifer v. Snyder, 72 Ind. 78; Bruker v. Kelsey, id. 51; Sherman v. Hogland, 73 id. 472.

4. A voluntary conveyance of lands is, as to creditors, void; and no notice of fraudulent intent in the grantee need be shown or pleaded.- Spaulding v. Blythe, 73 Ind. 93.

5. When the grantee of real estate, who is a purchaser in good faith for value, conveys it to the wife of the grantor, she takes the title free from the demands of her husband's creditors, he having put no money into the purchase, notwithstanding she may have notice of the fraud to her husband.— Evans v. Nealis, 69 Ind. 148.

6. The rule, that partnership property must first go to the payment of firm indebtedness, applies to fraudulent conveyances.- Hardy v. Mitchell, 67 Ind. 485.

753. Rents and profits first offered. 537. The estate or interest of the judgment-debtor in any real estate shall not be sold on execution until the rents and profits thereof, for a term not exceeding seven years, shall have been first offered for sale at public auction; but if the same shall not sell for a sum sufficient to satisfy the execution, then the estate or in

terest of the judgment-debtor shall be sold by virtue of the execution. (463.)

1. The assignee of a Sheriff's certificate of sale of realty takes rights as the purchaser, but the grantee of such purchaser, who has taken a deed, may have a better title than the purchaser - Geisendorff v. Eagles, 70 Ind. 418.

2. A Sheriff's sale will be upheld collaterally which would be set aside in a direct proceeding. Davis v. Campbell, 12 Ind. 192.

3 In a Sheriff's sale of lands, he can only receive an unconditional cash bid.— Chapman v. Harwood, 8 Black f. 82.

4. Gross inadequacy of price will not vitiate a judicial sale, fairly conducted.Benton v. Shreeve, 4 Ind. 66.

5. When the judgment-defendant has no title in the lands sold, the bid need not be paid, and if paid, may be recovered from the judgment-debtor.- Seller v. Lingerman, 24 Ind. 264; Julien v. Beal, 26 id. 220.

754. How valued. 538. Rents and profits may be sold as other property, the appraisers setting down the value of each year separately. (464)

I. A sale of lands by the United States Marshal must be made in the county where they lie. Thacher v. Devol, 50 Ind. 30.

2. Tracts of land in different counties, to be sold by the same decree, must be sold in the counties where they are respectively situate.- Holmes v. Taylor, 48 Ind. 169. 3. When rents and profits for seven years are offered, and no bid is made therefor, a less term need not be offered.- Thurston v. Barnes, 10 Ind. 289; Piel v. Watson, 44 id. 447.

4. When appraisement is required, rents and profits must be appraised; and an offer to sell them without is not a valid offer, and will vitiate the subsequent sale of a fee. Davis v. Campbell, 12 Ind. 192.

5. In selling real estate in parcels, rents and profits of each parcel need only be offered before the fee thereof. Adler v. Sewell, 29 Ind. 598.

755. Manner of sale-Lease by Sheriff. 539. So many years, not exceeding such term of seven, shall be sold as will satisfy the execution, and no more; and the Sheriff shall execute a lease to the purchaser for the term sold. (465.)

756. Real estate, how sold. 540. Real estate, including chattels real, taken by virtue of any execution, shall be sold at public auction at the door of the court-house of the county in which the same is situated; and if the estate shall consist of several lots, tracts, and parcels, each shall be offered separately; and no more of any real estate shall be offered for sale than shall be necessary to satisfy the execution, unless the same is not susceptible of division; except that when real estate which is not susceptible of division is ordered to be sold on any decree or judgment, and the same is traversed by the line between two counties, it may be advertised and sold in either county. (466.)

1. There is no warranty in Sheriffs' sales.-- Weaver v. Guyer, 59 Ind. 195.

2. When each of several lots of land have been offered separately without bid therefor, the Sheriff may then offer and sell some or all of them together. Id.

3. A Sheriff's sale in solido, of land subdivided or capable of subdivision into parcels, is a fatal irregularity, and the execution-plaintiff is chargeable with notice thereof. - Bardeus v. Huber, 60 Ind. 132.

4. A judgment-plaintiff who buys at such sale is chargeable with full notice of all irregularities: his vendee, with notice only of those appearing of record. Piel v. Brayer, 30 Ind. 332; Bardeus v. Huber, 45 id. 235.

5. This provision for a sale in parcels is applicable in foreclosure. Piel v. Brayer, 30 Ind. 332.

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.

(467.)

I. An Act of 1877 (p. 93) legalizes Sheriffs' sales made before March 2, 1877, on judgments entered by written agreement not indorsed on the summons, and without formal service of process. Sheriffs' sales made before March 14, 1877, pursuant to the Act of March 11, 1875 (1875, p. 115), when advertised in a newspaper other than the one nearest to the land, were legalized by an Act of 1877 (p. 106); and Sheriffs' sales when advertised in the English language in German newspapers, prior to March 21, 1879, were legalized by an Act of 1879 (S., p. 179). Sales by administrators, guardians, and commissioners were also legalized by the last cited Act.

2. The "local habitation" of a newspaper is the town or city where it is published, not a particular building therein.— Rutenfranz v. Stacer, 58 Ind. 467.

3. Publication for three weeks means for twenty-one days, excluding both the first day of publication and the day of sale.- Meredith v. Chancey, 59 Ind. 466.

4. A sale in parcels may be waived by the execution-defendant.-Joyce v. Bank, 62 Ind. 188.

5. In a suit by a purchaser at a void Sheriff's sale, to recover the amount paid by him from the execution-defendant, the Sheriff is not a necessary party.- Coan v. Grimes, 63 Ind. 21.

6. An averment in a suit to set aside a Sheriff's sale, that no valid appraisement" had been made, is bad pleading.— Kellogg v. Tout, 65 Ind. 146.

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. (474.)

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. (475)

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 judgment. (476.)

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