Page:Federal Reporter, 1st Series, Volume 4.djvu/789

 IN BE THIRD NAT. BANK. 775 �der this law, now repealed, the court of appeals held in. John- son y. Lemmon, 37 Md. 336, that an attachment after three years was def ective unless it contained a clause of scire fadas. And the' game court held in Andersen v. Graff, 41 Md. 601, in a case where an attachment was issued within the three years containing the sci. fa. clause, that although such a tci. fa. clause was unnecessary and net required by the act, etill the writ was net on that account invalid or defective. �Etcu, therefore, if it be conceeded in the present case%at the administrator at the time of issuing the writ of sci. fa. had been already properly made a party td the cause, and could have at once issued execution on the judgment, thô most that can be said is that the sci. /œ/ was unnecessajry. Thia we do not think would be a fatal objection. �We overrule the demurrer and the motion to quash. ���In r$ Thibd Natiokal Bank. (District Court, if. D. Blinois. November 7, 1880.) �1. JuDiciAL Saie— National Bank— Ret. St. § 5234.— A sale by a re- �ceiver of the property of a national bank, under an order of court, in accordance with the provisiona of section 6234 of the Revised Btatutes, constitutes a judicial sale. �2. Samb — PuncHASBR. — Although the rights of a purchaser at a judicial �sale are subject to the action of the court, yet such action must depend upon the general principles and usages of law. �3. Bambi — Inadequate PHicb — Conpiumation. — Held, therefore, where a �recejver had sold the property of a national bank, under an order of court, in accordance with section 5234 of the Kevised Statutes, that such sale would not thereafter be set aside before confirmation upoa a subsequent ofler of an advance bid of some $5,000 or $6,000, where a former sale of the same property had been set aside for inadequacy of priee. �In Liquidation. Motion by the receiver to set aside sale. Mr. Jackson and H. S. Monroe, for receiver. Van H. lligqins, for purchaser. ����