By the Court.
delivering the opinion.
One fact alone in this case, is a sufficient reason why the injunction should not have been dissolved. The 3d section
The answer admits that the levy was made before the conveyance to the defendant was executed, much less recorded; and such being the fact, and Bailey himself having become the purchaser, the sale is illegal and void.
And we are not disposed to weaken by construction this salutary law. By having the deed to the defendant made and recorded before the levy could be made, thirty days at least must elapse before a sale could be effected; and thus purchasers would be inspired with confidence to bid for the property, from the publicity given to the fact, that the title was in the defendant.
The Legislature in 1850, passed a similar law in behalf of the representatives of deceased obligees, evincing a settled purpose and policy on their part, in relation to this subject.
Judgment reversed.