The only question for decision is, by the stipulation of the parties, whether the property in question should have been sold in the manner in which personal property was required by the statute of Indiana to be sold.
The statute in force at the time, in regard to the sale of personal property on execution, (2 Rev. St. 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. St. pt. 2, c. 1; Act June 18, 1852, vol. 2 Davis' Ed. 1876,) provided as follows, (article 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 any one in trust for or to the use of another. Fifth. All chattels real of the judgment debtor.' Article 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.' Article 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 court-house 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.' Article 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 court-house 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.'
In the rules prescribed by the act (article 48, § 797, p. 313, vol. 2 Davis' Ed. 1876) for its construction, it is enacted that such rules shall be observed 'when consistent with the context.' Among those rules are these: That 'the word 'land,' and the phrases 'real estate' and 'real property,' include lands, tenements, and hereditaments;' and that 'the phrase 'personal property' includes goods, chattels, evidences of debt, and things in action.' But no definition or construction is given of the phrase 'chattels real.'