Hoxter v. Poppleton

Citations

• 9 Or. 481

Syllabus

<p>Action for Money had and Received.</p> <p>An action for money had and received, in general, will lie for money which ex aequo et bono the defendant ought to refund as for money paid by mistake, or upon a consideration which happens to fail, or for money obtained by imposition or extortion or oppression, or taking an undue advantage of a party’s situation, contrary to laws made for the protection of persons under these circumstances, and a sale made with such knowledge on the part of the party who causes it to take place, renders him liable in an action for money had and received. This action, therefore, has been denominated an equitable action and is less restricted by technical rules than most others, as it aims at the mere justice of the case and looks entirely to the question whether the defendant holds the money which in equity and good conscience belongs to the plaintiff.</p> <p>Sheriff’s Sale — Caveat Emptor.</p> <p>The general doctrine is that the purchaser at a sheriff’s sale is bound to know that those facts exist which give the officer power to sell, and in general, these are tlie judgment of a competent court and a valid execution. It is based on the principle that the officer who sells under a judgment and execution exercises a statutory power, by virtue of which alone his deed can operate upon the title to the land sold. If the judgment is void, or has been paid, the officer’s power is at an end, and the purchaser takes nothing. The rule of caveat emftor applies to every purchaser at a sherbff’s sale of real or personal property by virtue of an execution. This rule of constructive notice was adopted to determine questions of superior equities and to protect innocent persons from being defrauded.</p> <p>Notice not Imputed — When.</p> <p>Where the defendant procured an execution to be issued without any judgment whatever to sustain it, and the plaintiff, in good faith, without actual knowledge, has paid his money to the defendant upon a sale made under