Executors of Tomlinson v. Executors of Detestatius ( 1803 )

johmton, Judge.

The law of England is as stated by the plaintiff's counsel, that an executor or administrator caímos purchase but by paying the full value. The law however is different here ; for here it is sold by order of court, and by a public mincer, the sheriff, whose interest and duty it is to take care that it sells for its value : Therefore she may purchase ir: such case for less than the real value, if she can; but if not sold by order of court, or not by the sheriff, the proper officer, she, the executrix, shall still answer for the real value*