execution sale

…trend is for courts to treat land sale contracts as analogous to conventional mortgages, thus requiring a seller to seek a judicial sale of the property upon the buyer’s default. It was stated in Skendzel v. Marshall , 261 Ind. 226, 301 N.E.2d 641, 648 (1973): “A conditional land contract in effect creates a vendor’s…

…defendant claims in effect that the trial court’s conclusion that the rights of the parties would best be promoted by a judicial sale is not supported by the findings of subordinate facts. We agree. Under the test set out above, the court must first consider the practicability of physically partitioning the property in…

…of the land from Neponsit Realty Company to a predecessor in title of the defendant. The defendant purchased the land at a judicial sale. The referee’s deed to the defendant and every deed in the defendant’s chain of title since the conveyance of the land by Neponsit Realty Company purports to convey the property subject to…

…v. Zilley , 1 N.J. Eq. 320 (Ch. 1831), in which the vendee (who was also the judgment creditor) was the highest bidder at an execution sale. In his opinion Chancellor Vroom did not address himself to the question whether the vendor had an adequate remedy at law. The first reported discussion of the question occurs in Hopper v.…