Fore v. Manlove

Citations

• 18 Cal. 436
• 1861 Cal. LEXIS 225

Syllabus

<p>The purchaser of a judgment on sale under execution and levy, takes as. assignee only—assuming that a judgment is the subject of levy and sale. The Sheriff's sale of a judgment passes no title other than would pass by an assignment by the owner.</p> <p>A judgment is not negotiable like a bill of exchange by the law merchant, but is a mere chose in action, vesting an equitable right in the assignee thereof to the proceeds of it, with the right to the usual and legal means of collecting the amount due; and between two bona fide purchasers of a judgment, the purchaser first in time is prior in right.</p>