Clark v. Sawyer

Citations

• 48 Cal. 133

Syllabus

<p>Venditioni Exponas.—There is a distinction between cases where a venditioni exponas is issued for the sale of personal property, and where it is issued for the sale of land. A venditioni issued in the former case must go to the officer who made the seizure.</p> <p>Court mat Order Venditioni Exponas to Issue.—When a sheriff, who levies a fieri facias on land, goes out of office before having sold, the Court may, by an order, direct his successor to sell the property levied on, and a venditioni exponas may be issued to such successor, and he may then sell and execute a deed to the purchaser.</p> <p>To whom Venditioni Exponas is to Issue.—In cases where a sheriff who has received a fieri faciSs, and made a levy on land, goes out of office without having sold, if a venditioni exponas is issued for the enforcement of the lien, no reason is perceived why it must necessarily he executed by the retiring sheriff who made the levy, and not by his successor in office.</p> <p>Transfer op Records prom Courts op First Instance.—When, in 1850, the Records of the Courts of First Instance in California were transferred to the District Courts, the latter Court possessed as plenary power over the judgments formerly rendered in the Courts of the First Instance as it had over its own judgments.</p> <p>Authority op Courts over Process.—District Courts have jurisdiction to make all necessary orders respecting process issued, or to he issued, on their judgments.</p> <p>Collateral Attack on Order op Court.—When a Court makes an order, and it does not appear on the face of the record that the Court did not have jurisdiction to make it, it will be presumed, in a collateral attack, that the parties were before the Court, and that the proper proceedings were had to authorize the Court to make the order.</p> <p>Recitals in Sheriff's Deed.—A Sheriff’s deed need not recite the judgment and execution under which he acted. It is sufficient if it appear in the deed that the sale was made under the