DUVALL VS. SPEED. 235

this motion, but the grounds upon which the Chancellor de-
cided the cause, will appear from the following extracts from
his opinion, filed on the 27th July, 1848, viz.]

THE CHANCELLOR :

When the application for the injunction was made, I enter-
tained very serious doubts as to the propriety of granting it,
but not seeing that any material injury could result to the judg-
ment creditor, from a temporary suspension of his right to en-
force it by execution, andbeing willing to hear the views of counsel
before making up a definite judgment upon the subject, I thought
it best to order the injunction, that a more careful considera-
tion might be given the case when the motion to dissolve should
be made.

Upon the petition of these complainants, Duvall and Saussar,
filed in the case of Hodges vs. Sevier and wife, the proceedings
in which case are made parts of this, I had occasion to
examine the question of the extent and character of the title
which a purchaser acquired from a trustee selling under a de-
cree of this court, and the result was, that "as a general rule,
the title of the parties to the suit and nothing more, was sold ;"
and, that though a purchaser discovering a detect in his title,
at the proper time., might be relieved from his purchase, by ask-
ing for a rescision of the sale, he could not be permitted,
whilst holding on to his purchase, to insist upon having his ti-
tle perfected by the application of the proceeds of sale to the
extinguishment of the claims of incuinbrancers not parties to
the suit.

And the petition in that case was dismissed upon the ground,
that these defendants, the judgment creditors, were not parties,
and their lien, consequently, not extinguished. This decision
was made, too, with full knowledge and due reflection upon
the fact, that Duvall, the trustee of the insolvent, was a party
to the suit, and had consented to the decree; and, consequent-
ly it follows, that his presence as a party was not considered
as dispensing with the presence of the incumbrancers them-
selves. Or, in other words, that the trustee was not to be regard-