Blood v. Light

Citations

• 38 Cal. 649

Syllabus

<p>Levy of .an Execution.—Section 217 of the Pbactice Act.—Under tlie provision of the statutes of this State, the levy of an execution has no further effect than to fix the date or commencement of the Sheriff’s title, as against all persons who are not parties to the writ.</p> <p>Purchaser's Title to Property Bought at a Sheriff’s Sale.—The purchaser of property at a Sheriff’s sale, is only required to show a sale, and the authority of the officer to make it; the judgment and execution prove the latter, and the deed the former.</p> <p>Idem.—The validity of a purchaser’s title is unaffected hy the failure of the officer to make a seizure of the land in the mode or by the steps prescribed in the statute ; Ms power to sell comes from the judgment and execution, and is not to he measured by Ms proceedings under the writ; if he sold the land by a description sufficiently certain, the title of the debtor, as against the parties to the writ, will pass, unless redeemed in due time.</p> <p>Levy of an Execution on Land. —Any act on the part of the officer showing the intent to sell the specific land, and to subject it to the satisfaction of the judgment, constitutes a “ levying” of the execution as against the defendant in the execution; and the performance of the acts described in the statute as a levying of the execution, is material, only, in reference to the rights of third parties, or persons who are not parties to the writ.</p> <p>Recital of Execution in a Sheriff’s Deed.—If the execution is erroneously recited in a Sheriff’s deed, it will not affect the validity of the deed if the Sheriff, in fact, had authority to sell.</p>