judicial sale

the adjudication of [a debtor] as a bankrupt, when followed by the appointment of the trustee in bankruptcy, operated as a 'judicial sale' of his real estate within the meaning of the statute; the transfer of title to the bankrupt's property is based, in its last analysis, upon the adjudication in bankruptcy, that is, rests upon the judgment of the bankruptcy court

A sale, by authority of some competent tribunal, by an officer authorized by law for the purpose.

In a strict sense, an execution sale is not a judicial sale (18 Vt. 394), but it is generally so regarded (66 Ind. 505).

A sale, by authority of some competent tribunal, by an officer authorized by law for the purpose. The term includes sales by sheriffs, marshals, masters, commissioners, or by trustees, executors, or administrators, where the latter sell under the decree of a court. A sale, whether public or private, made by a receiver, pursuant to the direction or authority given by the court; In re Denison, 114 N. Y. 621, 21 N. E, 97. It is premature and erroneous to decree a sale of property to satisfy incumbrances thereon before ascertaining the amounts and priorities of the liens binding such property; Bristol Iron & Steel Co. v. Caldwell, 96 Va. 47, 27 S. B. 838. A decree confirming a master’s sale, and declaring that the title be vested in the purchaser “upon the payment of the purchase money,” vests no title in such purchaser until the purchase money is paid; Blair v. the rights of the defendant, and all other persons legally affected by the proceedings, In the property sold. Under such a sale there Is no warranty, either express or Implied, of the thing sold; The Monte Allegre, 9 Wheat. (U. S.) 616, 6 L. Ed. 174; Boorum v. Tucker, 61 N. J. Eq. 186, 26 Ati. 466; Wright v. Tlchenor, 104 Ind. 185, 3 N. E. 863. A sale of real estate does not conclude one not a party to those proceedings; and whatever title he had to the property so sold remains unaffected by the sale; United Lines Telegraph Co. V. Trust Co., 147 U. S. 431, 13 Sup. Ct. 396, 37 L. Ed. 231. Where the property sold under a decree is correctly represented by a plat, referred to in the advertisement and exhibited at the sale, which discloses an encroachment on a street, the purchaser cannot plead ignorance thereof; Carneal v. Lynch, 91 Va. 114, 20 S. E. 959, 50 Am. St Rep. 819. A purchaser at a judicial sale, not made under compulsory process, can set up eviction of a paramount title as a defence in an action for the purchase money, but where land is sold in equity to pay the debts of an estate, and a judgment has to be rendered against the purchaser for the purchase money, he cannot enjoin its collection because of eviction; Latimer V. Wharton, 41 S. 0. 508, 19 S. B. 855, 44 Am. St. Rep. 739. The doctrine of caveat ernptor applies to a sale under a decree foreclosing a mortgage, and the purchaser cannot rely upon statements made by the officer conducting the sale that he will get a title free from incumbrance; Norton v. Trust Co., 40 Neb. 394, 58 N. W. 953. The purchaser of a leasehold interest at a sheriff’s sale is charged with notice of the lease and subject to its covenants and conditions; Aderhold v. Supply Co., 158 Pa. 401, 28 Atl. 22; and a purchaser at such sale of an heir’s interest is bound by notice given at the sale by decedent’s heirs that the interest was subject in the purchaser’s hands to the right, if any, of decedent’s estate to charge the heir’s indebtedness against his share; Donaldson’s Estate, 158 Pa. 292, 27 Atl. 959. Where a conveyance from a life tenant is procured by fraud and the property sold under a judgment against a vendee, a purchaser at that sale with knowledge of the fraud can hold against the devisees in remainder; Fields v. Bush, 94 Ga. 664, 21 S. E. 827. A decree homologating proceedings at a family meeting to sell a child’s property will protect a purchaser in good faith; Dauterive V. Shaw, 47 La. Ann. 882, 17 South. 346. Equity will not relieve a purchaser from complying with the terms of sale because of a defect in the title, rendering the title unmarketable, of which the purchaser was cognizant; Stewart v. Devries, 81 Md. 625, 82 purchaser will not be compelled to take the title although his son signed the condition without apprehending its effect; Recor v. Blackburn, 71 Hun 64, 24 N. Y. Supp. 692. It is well settled that “the title of an innocent ijurchaser of land at a judicial sale under a mortgage is not affected by the usurious character of such mortgage.” Sharpe v. Tatnall, 5 Del. Ch. 302; Elliott v. Wood, 63 Barb. (N. Y.) 286. See as to bona fide purchaser, Riley V. Martlnelll, 97 Cal. 676, 32 Pac. 579, 21 L. R. A. 38, 33 Am. St Rep. 209. When real estate is sold by the sheriff or marshal the sale is subject to the confirmation of the court, or It may be set aside. See Mc Pherson v. Poster, 4 Wash. O. C. 45, Fed. Cas. No. 8,921; Bleeker v. Bond, 4 Wash. O. 0. 322, Fed. Cas. No. 1,536. An officer at a sale on execution conducted by himself cannot act as agent, with full d Lscretlonary powers of an absent person in the purchase of property, since the law casts on him the duty of fidelity to the execution debtor, and such purchase by the officer is void, and confers no title on his principal; Caswell V. Jones, 65 VL 457, 26 Ati. 529, 20

A judicial sale is one made under the process of a court having competent authority to order it, by an officer duly appointed and commissioned to sell, as distinguished from a sale by an owner in virtue of his right of property. Williamson v. Berry, 8 How. 547, 12 L. Ed. 1170; Terry v. Co.le, 80 Va. 701; Black v. Caldwell (C. C.) 83 Fed. 880; Woodward v. Dillworth, 75 Fed. 415, 21 C. C. A. 417.

Defined under Sale in Black's Law Dictionary.

A judicial sale is one made under the process of a court having competent authority to order it, by un officer duly appointed and commissioned to sell, as distinguished from a sale by an owner in virtue of his right of property, 8 How. 495.