Hudepohl v. Liberty Hill Water & Mining Co.

Citations

• 94 Cal. 588
• 29 P. 1025
• 1892 Cal. LEXIS 734

Syllabus

<p>Sale under Execution — Irregularity — Protection oe Bona Pibe Purchaser. — An innocent purchaser of property sold under execution, who, as assignee of a redemptioner’s right to a sheriff’s deed, obtains title under the execution sale without notice of any irregularity in the sale, will be protected therefrom, whether proceeded against by an action or by a motion to set the sale aside.</p> <p>Id. — Setting Aside Sale en Masse—Showing Required.—A sale of property under execution will not be set aside because sold era masse, unless it is made apparent to the court that a larger sum would have been realized from the sale if the property had been sold in parcels, or that the sale of less than the whole tract would have brought sufficient to satisfy the writ.</p> <p>Id. — Pleading — Absence oe Conditions Authorizing Sale en Masse. — In an action to set aside an execution sale, on the ground that the property, consisting of several disconnected parcels of land, was sold ere masse, it is not sufficient to allege merely that several separate tracts were sold in the lump by the sheriff, but it must be shown by the complaint that none of the conditions which would authorize the sale of all the parcels together existed at the time of the sale.</p> <p>Id. — Parol Waiver of Sale in Parcels. — A judgment debtor may by • parol waive a sale of the land in parcels, and give authority to sell ere masse; and where it does not appear that the sale was not made in solido by express direction of the judgment debtor, or offered in parcels and no bids received, the execution sale will not be set aside because of the sale of the property ere masse.</p>