
53 U.S. 24 (1851)
12 How. 24
JOSEPH P. THREDGILL, ADMINISTRATOR OF ARCHIBALD GOODLOE, DECEASED, APPELLANT,
v.
JOHN M. PINTARD.
Supreme Court of United States.

*26 It was argued by Mr. Lawrence, and there was also a brief filed by Mr. Morehead, for the appellant, and by Mr. Crittenden, for the appellee, on whose side a brief was also filed by Mr. H.S. Foote and Mr. Sebastian.
The counsel for the appellant contended that the decree is erroneous, and ought to be reversed. It is admitted, in the opinion rendered, that the title of Pintard was invalid, and that Goodloe might have obtained a rescission of his contract on this ground; but as he perfected his title by obtaining a pre-emption in his own name, his act, while he continued in possession, enured to theerroneous to decree a sale of the fractional quarter, in section six, without obtaining the legal title, or having the holder of it before the court, so that the purchaser could obtain it by decretal order. Pintard alleges, in his bill, p. 9, "That Ben. Taylor, of Chicot county, Arkansas, holds the legal title to said part of section six, and has held the same for some years." It is hardly necessary to urge, that it was erroneous to decree a sale of this land, without first obtaining the legal title from Taylor.
The form of the decree is also erroneous, and in violation of the established principles of equity jurisprudence. The defendant, Goodloe, was ordered to pay a gross sum of money, by a named day; and if