Page:Federal Reporter, 1st Series, Volume 8.djvu/751

MEEIWETHEB V. JUDGB OF MUHLENBURQ COUNTY OODBT. 737 �would afford little protection to a hona Jide purohaser, for by no vig- ilance could he guard against such secret liens. That a judgment creditor is not a pnrehaaer of an interest in his debtor's land is de- clared in Cover v. Black, 1 Pa. St. 493. "He stands on the foot of his debtor," it is there said. Id. 495* Lien is an incident, but not the object, of a judgment, and the judgment creditor is not entitled to any advantage which his debtor had not. Reed'a Appeal, 13 Pa. St. 476, 478. �A purchaser at a sheriff 's sale is affocted by the records and staite of possession at the timo when the sale takes place. Oingrich v.Foltz, 19 Pa. St. 38; StewaH v. Freeman, 22 Pa. St. 120. Now, at the date of the sheriff's sale on December 15, 1876, Metzger was not in pos- session, and his deed was not yet recorded. But Smith's deed was then on record, and had been for 15 months. The records, there- fore, gave unequivocal notice to Wilson that under the reoording acts Metzger's title was extinct. �It thus appearing that the title of Alexander Smith was good and valid, it is not' necessary to oonsider whether the title of his vendee, Duncan McBane, the plaintif, would not be good, even if that of Smith were impeachable. �Upon the facts found, I am of opinion that the plaintiff is entitled to recover; and, accordingly, the court do find in favor of the plain- tiff, and that he recover the land claimed by him and described in this prcecipe. �Let judgment be entered upon the finding of the court for, the plaintiff for the land claimed by him and described in his pracipe, with costs. ���MeBIWETHEB v. ThH JuDGB OP THE MuHLBNBTJEa CoTOTI CollBT. �{Circuit Court, D. Zentueky. July 12, 1881.) �. "CouNTY Court" — Pakticulab Btatdtb ConstrUed. \ �The phrase " county court," as used in an act to amend the charter of the Elizabethtown & Paducah Railroad Company, approved Pebruary 24, 1868, does not mean a court composed of the county judge alone. So Tield, on a demurrer to a petition for the purpose of compelling a county judge alone to levy a tax on the property in his county, under the provisions of this act, to pay a judgment, which had been obtalned against the county, on coupons for interest on county bonds issued to pay the county's subscription to said'rail- road's capital stock. v.8,no.lO— 47 ��� �