Bullard v. McArdle

Citations

• 98 Cal. 355
• 33 P. 193
• 1893 Cal. LEXIS 926

Syllabus

<p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>Id. — Notice to Purchaser—Proceedings in Superior