Hyatt v. Vincennes Nat. Bank, 113 U.S. 408 (1885), was a case involving the sale of property conveyed to Hyatt for a term of 50 years for all the mineral coal upon and under a described tract of land, in Knox County, Indiana, with the exclusive right to enter on the land to dig for the coal, and remove it, and to occupy with constructions and buildings as needed to obtain the coal. Hyatt would then have the right to remove all buildings or fixtures placed on the land, when the agreement expired, and to pay a fixed royalty for the coal mined.
Background
Under a judgment against Hyatt, the Sheriff of Knox County executed a judgment to a creditor by selling at the Knox County courthouse door, as prescribed by statute for the sale of real estate, the interest of Hyatt in the term of years and certain buildings and articles belonging to him, which were a part of the structures and machinery for operating a coal mine on the land, and which were firmly attached to the land. In a suit in equity brought by the purchaser against another judgment creditor and the sheriff, to enjoin interference with the property so purchased, held that under the Revised Statutes of Indiana of 1852, 2 Rev.Stat., part 2, c. 1, Act of June 18, 1852, vol. 2 of Davis' edition of 1876, art. 24, sec. 520, p. 232, and art. 22, secs. 463, 466 and 407 (as amended February 2, 1855), pp. 215, 217, the sale of the property as real estate was valid.
Decision
Justice Blatchford delivered the opinion of the court, saying:
The statute in force at the time, in regard to the sale of personal property on execution, 2 Rev.Stat. Ind. 1852, pt. 2, c. 1; Act June 18, 1852, art. 22, §§ 468, 469, vol. 2 Davis' ed. 1876, p. 218, provided as follows:
"SEC. 468. Previous notice of the time and place of the sale of any personal property on execution shall be given for ten days successively, by posting up written notices thereof in at least three of the most public places in the township where the sale is to be made." "SEC. 469. Personal property shall not be sold unless the same shall be present and subject to the view of those attending the sale, and it shall be sold at public auction in such lots and parcels as shall be calculated to bring the highest price."
The Revised Statutes of Indiana of 1852, in force at the time, in regard to the sale of real estate on execution, 2 Rev.Stat. pt. 2, c. 1; Act of June 18, 1852, vol. 2 Davis' ed. 1876, provided as follows, Art. 24, § 526, p. 232:
"SEC. 526. The following real estate shall be liable to all judgments and attachments, and to be sold on execution against the debtor owning the same, or for whose use the same is holden, viz., first, all lands of the judgment debtor, whether, in possession, reversion, or remainder; second, lands fraudulently conveyed with intent to delay or defraud creditors; third, all rights of redeeming mortgaged lands; also, all lands held by virtue of any land office certificate, fourth, lands and any estate or interest therein holden by anyone in trust for or to the use of another; fifth, all chattels real of the judgment debtor."
Art. 22, § 463, p. 215: "SEC. 463. The estate or interest of the judgment debtor in any real estate shall not be sold on execution until the rents and profits thereof, for a term not exceeding seven years, shall have been first offered for sale at public auction, but, if the same shall not sell for a sum sufficient to satisfy the execution, then the estate or interest of the judgment debtor shall be sold by virtue of the execution."
Art. 22, § 466, p. 217: "SEC. 466. Real estate, taken by virtue of any execution, shall be sold at public auction at the door of the courthouse of the county in which the same is situated, and if the estate shall consist of several lots, tracts, and parcels, each shall be offered separately, and no more of any real estate shall be offered for sale than shall be necessary to satisfy the execution, unless the same is not susceptible of division."
Art. 22, § 467, as amended February 2, 1855, p. 217: "SEC. 467. The time and place of making sale of real estate, on execution, shall be publicly advertised by the sheriff, for at least twenty days successively, next before the day of sale, by posting up written or printed notices thereof, in three public places in the township in which the real estate is situated, and a like advertisement at the door of the courthouse of the county, and also by advertising the same, for three weeks successively, in a newspaper printed nearest to the real estate, if any such newspaper be printed within the jurisdiction of the sheriff."