Continental Distributing Co. v. Hays

Citations

• 86 Wash. 300
• 150 P. 416
• 1915 Wash. LEXIS 1202

Syllabus

<p>Execution — Sales—Title—Sale Under Junior Execution. Sales of personal property under a junior execution will convey good title, and the proceeds under a junior writ must he applied to the satisfaction of a senior writ.</p> <p>Sheriffs and Constables — Liability—Sale Under Junior Execution. Under Rem. & Bal. Code, § 515, making it the duty of the sheriff to indorse upon a writ of execution the time when he received it, and Id., § 657, requiring him to execute attachments against the same defendant in the order in which they are received, the sale must be made under the senior writ to enable the senior creditor to protect his interests by a bid at his own sale; and the sheriff and his official bondsmen are liable for the value of the goods, if sale is made at a less value under a junior writ, and it is not enough that the proceeds of the sale were applied to the judgment of the senior creditor.</p> <p>Appeal- — Review—Parties Entitled. Appellants can take no exception to an order to apply proceeds of a sale in reduction of their liability, as it is beneficial to them.</p> <p>Sheriffs and Constables — Liability—Sale Under Junior Writ — - Measure of Damages. The measure of damages to a senior attachment creditor, for the sale of personal property by a sheriff under a junior writ, is the value of the property at the time of the sale, and not the difference between the price obtained and that which could have been obtained by a sale under the senior writ.</p>