Donahue v. McNulty

Citations

• 24 Cal. 411

Syllabus

<p>Sheriff’s Deed—Parol Evidence not Admissible.—Parol testimony of the officer who makes a sale of property under an execution, and executes a deed to the purchaser therefor, is not admissible for the purpose of adding to, contradicting, or altering the terms of the deed.</p> <p>Same—How meaning of Ascertained.—Where the language of a deed executed by an officer for property sold under execution is plain and unambiguous, the Court should limit its inquiry to what the words of the deed express, without regard to any intention independent of the words.</p> <p>Recitals in Sheriff’s Deed.—The officer who makes a sale of land by virtue of an execution, and executes to the purchaser a deed therefor, must, in his deed, make recitals of the recovery of the judgment, the names of the judgment creditor or creditors, and of the judgment debtor or debtors, and of the issuing of an execution on the judgment, and of the levy and sale thereunder. The recital of such facts is essential to show the officer’s authority and the transmission of the debtor’s title in the property to the purchaser.</p> <p>Who Estopped by Recitals in Sheriff’s Deed.—The officer executing a deed for property sold under execution, and those who claim under the deed, are estopped from denying the truth of the matters recited therein, hut the same are not evidence as against strangers, or those claiming adversely to the deed.</p> <p>Against whom Officer’s Deed is Evidence.—A deed of a constable, made of land sold under execution, is not evidence of the purchaser’s title as against any person except those whom the deed shows upon its face to have been the judgment debtors, and named as such in the execution issued on the judgment, and whose interest in the property was sold by the officer.</p> <p>Parol Evidence as to Recitals in Officer’s Deed.—Parol evidence is inadmissible to show that a constable’s sale was made by virtue of any other judgment or execution than that recited in the deed; and it is also inad