the sale was defective, the execution debtor and creditor having approved the sale." § 1646. Title of purchaser and interest acquired The grantee in a sheriff's deed obtains as good a title to land conveyed as was held by person against whom execution was issued." A purchaser of land bound by a judgment lien, of which he knew at the time of the purchase, is not entitled to the value of improvements made by him, against a purchaser at a judicial sale.78 Where a leasehold interest in land is sold at judicial sale, the purchaser acquires no greater right than the tenant held, and, like the tenant, he will not be permitted to dispute the title of the landlord under whom he holds.79 A purchaser at a sheriff's sale acquires such an interest, and becomes so far a party, that he may make a motion to confirm the sale, or maintain proceedings in error to reverse an order overruling it, and setting aside the sale.80 Where title to real estate is evidenced by quitclaim deed, and the adverse claimant claims under a sheriff's deed upon a judgment and execution against a debtor who is not shown to have ever had title to the land, the title conveyed by the quitclaim deed is paramount.81 Only the interest which an execution debtor has in the property is levied upon and sold, and the purchaser at such sale takes the property subject to any valid and subsisting lien which may exist against it; and the sheriff is not warranted in accepting from the purchaser less than the amount of the bid, or in crediting the purchaser upon the bid with any mortgage debt which he may claim against the property sold.82 76 Walker v. Braden, 9 P. 613, 34 Kan. 660. Such action is founded on the contract arising from the bid and its acceptance, and not on the judgment and execution on which the sale was made, and therefore it is unnecessary that the judgment and execution should be set out at length in the petition. Walker v. Braden, 9 P. 613, 34 Kan. 660. 77 Clark v. Tandy, 101 Kan. 328, 167 P. 1039. 78 Rounsaville v. Hazen, 18 P. 689, 39 Kan. 610. Real estate incumbered by a mortgage was levied on by a judgment credi One purchasing real property sold under attachment is not a bona fide purchaser for value, but takes only the interest of defendant in attachment in the property.83 One who, being no party to the judgment, purchases at sheriff's sale real estate which, by the record, apparently belongs to defendant, is protected against unrecorded deeds and mortgages and outstanding equities as fully as one who takes a voluntary conveyance from such defendant.84 A sale of real estate by a sheriff, upon a second offer of sale under an appraisement four years old, is not, for this reason alone, void, nor is it voidable, in an action to set it aside, brought several months after confirmation, and after a portion of the property had passed into the hands of innocent purchasers.85 The judgment creditor buying at the execution sale is not an innocent purchaser as against a deed of the judgment debtor executed before rendition of the judgment, but not recorded till after the execution sale.86 1647. Sheriff's deed-Form "The sheriff or other officer who, upon such writ or writs of execution, shall sell the said lands and tenements, or any part thereof, shall make to the purchaser as good and sufficient deed of conveyance of the land sold as the person or persons against whom such writ or writs of execution were issued could have made of the same, at or any time after they became liable to the judgment. The deed shall be sufficient evidence of the legality of such sale, and the proceedings therein, until the contrary be proved, and shall vest in the purchaser as good and as perfect an estate in the premises therein mentioned, as was vested in the party at, or after, the time when such lands and tenements became liable to the satisfac tor. The land was appraised, advertised, and sold subject to the mortgage, and bid in by the plaintiff in execution for a nominal sum. Held, that the lien of the mortgage was not impaired by a contract between the mortgagor and mortgagee that the latter should look solely to the incumbered premises for the satisfaction of his debt, but that the purchaser took the same charged with the lien of the incumbrance. Myers v. Jones, 61 Kan. 191, 59 Pac. 275. 83 Markley v. Carbondale Inv. Co., 73 P. 96, 67 Kan. 535. 84 Lee v. Bermingham, 1 P. 73, 30 Kan. 312. 85 Capital Bank of Topeka v. Huntoon, 11 P. 369, 35 Kan, 577. 86 McCalla v. Knight Inv. Co., 94 P. 126, 77 Kan. 770, 14 L. R. A. (N. S.) 1258. HON.PL.& PRAC.-98 (1553) tion of the judgment; and such deed of conveyance, to be made by the sheriff or other officer, shall recite the execution or executions, or the substance thereof, and the names of the parties, the amount and date of rendition of each judgment, by virtue whereof the said lands and tenements were sold as aforesaid, and shall be executed, acknowledged and recorded as is or may be provided by law, to perfect the conveyance of real estate in other cases." 87 "If the term of service of the sheriff or other officer who has made, or shall hereafter make sale of any lands and tenements, shall expire, or if the sheriff or other officer shall be absent, or be rendered unable by death or otherwise, to make a deed of conveyance of the same, any succeeding sheriff or other officer, on receiving a certificate from the court from which the execution issued for the sale of said lands and tenements, signed by the clerk, by order of said court, setting forth that sufficient proof has been made to the court that said sale was fairly and legally made, and on tender of the purchase money, or if the same or any part thereof be paid, then on proof of such payment and tender of the balance, if any, may execute to the said purchaser or purchasers, or his or their legal representatives, a deed of conveyance of said lands and tenements so sold. Such deed shall be as good and valid in law and have the same effect as if the sheriff or other officer who made the sale had executed the same." 88 Where a sale of real estate on execution is made subject to the right of redemption, the issuance of a certificate of purchase is not a prerequisite to the execution of a sheriff's deed to the property." A sheriff's deed, defective by reason of omissions, may nevertheless, by the admissions of the adverse party, be treated as complete. 90 87 Rev. Laws 1910, § 5168. 88 Rev. Laws 1910, § 5174. Where real estate is sold under execution subject to the right of redemption, the proper officer to make the deed, under Gen. St. 1901, § 4946, is the sheriff who is in office when the right to the deed accrues. Armstead v. Jones. SO P. 56, 71 Kan. 142. 89 Armstead v. Jones, 80 P. 56, 71 Kan. 142. 90 Towne v. Milner, 1 P. 613, 31 Kan. 207. A sheriff's deed on alias execution recited the issuing of a first execution, levy, appraisement, no sale for want of bidders, and a return of the execu tion, then the filing of an amended abstract, the issuing of an alias execu In ejectment, where it is shown that plaintiff is entitled to a sheriff's deed to the property in controversy, based on an execution sale, and has received a deed from the proper officer, misrecitals in such deed will not enable the execution defendant to defeat a recovery.91 A sheriff's deed relates back to the day of sale, and vests the title as of that date; hence, in ejectment by the purchaser, commenced after sale and confirmation, it is no objection to the sheriff's deed as evidence that it bears date and was in fact executed, since suit began.92 party of the first part, and C. D., party of the second part, witnesseth that Whereas, by virtue of a writ of execution issued out of and under the seal of the district court of homa, on the sum of $ day of day of and $ county, state of Okla 19, upon a judgment for the costs, recovered in said court on the 19—, by E. F. against G. H., in case No. ; said writ being directed and delivered to the sheriff of said county, commanding him that of the goods and chattels of the said G. H. he should cause to be made certain moneys specified in said. writ, and for want of goods and chattels he should cause the amount of said judgment, with costs, to be made of the lands and tenements of said G. H., not exempt from execution; and Whereas, sufficient goods and chattels of said G. H. could not be found, whereof he, the said sheriff, could cause the money specified to be made, therefore he, the said sheriff did, in obedience to said command, levy on, take, and seize all the right, title, and interest tion, levy, appraisement, and sale. Held, that the deed did not set forth different judgments, and was not void on its face. Dickens v. Crane, 6 P. 630, 33 Kan. 344. 91 Armstead v. Jones, 80 P. 56, 71 Kan. 142. Where a sheriff's deed recites the return of an execution, the proceedings and sale thereunder, and that the court confirmed the sale and ordered the deed made to the purchaser, it will be presumed, in the absence of a contrary showing, that the sale was confirmed as stated in the deed. Christy v. Springs, 69 P. 864, 11 Okl. 710. 22 Farlin v. Sook, 1 P. 123, 30 Kan. 401, 46 Am. Rep. 100. day of which the said G. H. had in and to the lands, tenements, real estate, and premises hereinafter particularly set forth and described, with the appurtenances thereunto belonging, said levy being made on the -, 19-; and thereupon the said sheriff did call an inquest of three disinterested householders resident with the county of, where said lands are situated, and administered to them an oath, impartially to appraise the property so levied on, upon actual view; and said householders having as directed forthwith returned to said sheriff, under their hands, an estimate of the real value of said property, which they fixed at the sum of $—, and the said sheriff having forthwith deposited a copy of said appraisement with the court clerk of said county of ; and Whereas, said sheriff did thereupon advertise said lands so levied on for sale by causing public notice of the time and place of sale to be given, for at least thirty days before the day of sale, by advertisement in the -, a newspaper printed and of general circulation in said county of and by posting an advertisement upon the courthouse door, and in five other public places in said county, two of which were in the township where such lands and tenements lie; and Whereas, on the said. day of 19-, pursuant to said notice of sale, said sheriff did offer the said lands and tenements for sale at public auction at the front door of the court house in the city of at the hour of in the county of state of Oklahoma, m., at which sale the said property was sold and struck off to the said C. D., he being the highest bidder, and that being the highest and best sum bid, and the whole price paid for same, and being more than two-thirds of the appraised value thereof; and Whereas, on the day of, 19—, said sheriff returned said writ of execution into said court, showing all his proceedings thereunder, and the court, after having carefully examined such proceedings, being satisfied that said sale has, in all respects, been made in conformity with the provisions of law, made an order that said sheriff make to said purchaser a deed for such lands and ten ements: - afore Now, therefore, A. B., as sheriff of the county of said, party of the first part, by virtue of said writ and order, and in |