Page:United States Reports, Volume 257.djvu/95

14 Rh court building is void. Koch v. Bridges, 45 Miss. 247; Jones v. Rogers, 85 Miss. 802 ; Moody's Heirs v. Moeller, 72 Tex. 635; Sinclair v. Stanley, 64 Tex. 72; Smith v. Cockrill, 6 Wall. 756; Bornemann v. Norris, 47 Fed. 438.

Where a sale is void and not merely voidable, it may be attacked in collateral proceedings. 17 Cyc. 1286; Harper v. Hill, 35 Miss. 63; Koch v. Bridges, supra; Jones v. Rogers, supra; Smith v. Cockrill, supra; 2 Freeman on Execution, 3d ed., § 289.

delivered the opinion of the court.

 This is a controversy over the ownership of 250 shares of the stock of the Louisville, New Orleans & Texas Railway Company, a corporation of Mississippi. The City of Clarksdale acquired the stock in 1891, in consideration of $25,000 of bonds issued by it to aid in the construction of a new branch of the Railway Company in which it was interested. The certificate for the stock, the City left in the custody of a Clarksdale bank. The Louisville, New Orleans & Texas Railway Company in 1892 was merged by consolidation in the Yazoo & Mississippi Valley Railroad Company. In 1897, the Pacific Improvement Company, a bondholder, recovered against the City in the United States Circuit Court for the Northern District of Mississippi a judgment for unpaid interest on the bonds amounting to $3,058.13. Execution issued to the marshal who levied on, and took possession of, the stock certificate in the Clarksdale bank and at public sale sold the certificate and shares to the judgment creditor for $100, which was credited on the judgment. In 1898, the City made a compromise with the bondholders, by which, for payment of the principal of the bonds in cash, the bondholders released all claim of interest and transferred the unsatisfied judgment. No mention was made of the 