(After stating the case.) We do not concur in the objection. A salea confirmed is a bargain complete between the purchaser and the parties to the suit whose title has been sold ; and the same is enforceable in specie through orders in the cause in the same mánner and to the same extent as a vendee under articles and the vendor may enforce specific performance against each other. Rorer on Jud. Sales, § 124; Ex Parte Yates, 6 Jones’ Eq., 212. As between private persons, if the title be deficient in a material and substantial part of the land, the vendee may insist on rescis sion of the contract, or elect to take the title as far as it can be made with a proportionate abatement of the purchase money. Just so in the case of a purchaser at judicial sale; he may ask to be discharged or to have abatement in the price, or, if the money is still within the control of the •court, a return of a part thereof, after confirmation of the sale; for he is in no position to make such questions until confirmation is had.
But it is urged that Garter knew of the adverse claim of Todd, Schenck & Co. before confirmation, and that with that knowledgehe had the sale confirmed. Therefore it is said, he and those claiming under him are not to be heard .to stir the question of abatement or reimbursement. If a private purchaser, knowing of an adverse claim the strength of which he cannot know until judicially litigated, shall come to know-the extent of the defect by decision of a com.petent court before he parts with his money, may he not buy in the rival claim and deduct for it, or insist on an abatement from the price? Certainly he could. And equally certain it is, that a purchaser under decree of court may in •such case ask abatement, or, if he has paid in the money, ask a return of a proportional part-of it.'
*81We conclude therefore that Dennis Simmons, assignee of D. M. Carter, has the right to have repaid to him the sum of money retained to await the decision of the suit of Todd v. Outlaw, supra, it being admitted in the argument before us that the plaintiffs prevailed in that suit to the extent of one hundred and twenty-five acres of the land, and that the $500 is not more than the value of the land in proportion, to the whole tract. A decree may be drawn in conformity: to this opinion.
Per Curiam. Decree accordingly.