Execution—Sale of Property—Purchaser must Show Valid Judgment at Date of Purchase. — One who deraigns.title to property through a sale under an execution must show, not only the execution and sale, hut also a valid judgment in support of the execution, and the purchaser must see, at his peril, that there is a valid judgment in existence at the time he make his purchase.

Id. — Judgment Essential to Power of Sheriff—Bona Fide Purchaser when not Protected—The sheriff in making a sale of property under an execution acts under a naked statutory power dependent for its existence upon the existence of the judgment which he is attempting to execute; and if there is no judgment in support of the writ of execution under which he makes the sale, the power to make the sale is wanting, and no title to the property passes, even to an innocent purchaser.

Id. — Sale after Extinction of Judgment—Power of Sale Destroyed. — Where a judgment in existence at the time of the issuance of an execution has been vacated or satisfied in any way, directly or indirectly, before any sale has been made, the power to make the sale has also been destroyed.

In. — Notice to Purchaser of Existence of Power.—The purchaser under a power is chargeable with notice if the power does not exist, and purchases at his peril.

Id. — Sale under Justice’s Judgment after Vacation of Order Dismissing Appeal.—Where an appeal was taken from a judgment recovered in a justice’s court, and the superior court dismissed the appeal upon the ground that no papers had been filed, and execution was thereupon issued upon the judgment in the justice’s court, and a sale of goods was made thereunder, hut before the malting of the sale, the superior court finding that, in fact, all the papers had been filed, vacated its previous order of dismissal, the sale under the execution issued out of the justice’s court passed no title to the goods sold.

Id. — Notice to Purchaser—Proceedings in Superior Court__The purchasers under the execution were charged with notice of the proceedings in the superior court as well as in the justice’s court, and they could not rely upon the fact that a copy of the order dismissing the appeal had been filed in the justice’s court, but assumed at their risk the regularity of that order, as well as any subsequent proceedings in the superior court, and their ignorance of the subsequent order vacating it, is not available to them in their attempt to retain the property purchased by them under the execution.

Id.—Effect of Appeal—Vacation of Justice’s Judgment—Jurisdiction of Superior Court—Presumption of Regularity of Orders. — An appeal from a justice’s court to the superior court upon questions of law and fact, upon the giving of a proper stay bond, deprives the former of all jurisdiction over the case, and vacates and sets aside the judgment therein, and the case is thereafter in the superior court, and the rights of the parties are to be determined by the action of that court, which is of general jurisdiction, and all of whose orders ave attended with a presumption of regularity.

Id.—Effect of Order Vacating Dismissal—Filing in Justice’s Court. —An order of the superior court vacating a previous order of dismissal, and recalling execution, leaves the cause undetermined and pending before it, as it was when the appeal was first perfected; nor is it necessary to the validity of such order that it should be filed in the justice's court.