Lehnhardt v. Jennings

Citations

• 119 Cal. 192
• 51 P. 195
• 1897 Cal. LEXIS 878

Syllabus

<p>Fees of Sheriff—Levy under Execution—Judgment Lien—Attachment— Notice of Sale—Ilibgad Exaction of Fees—Recovery Back.—A sheriff can exact legal fees only for such acts as are necessary to a full performance of his duty, so as to protect him against any charge of dereliction, and for none others; and where the judgment under which real property is sold under execution is a lien upon the land sold, it is a sufficient seizure and levy under the execution, to give the statutory notice of sale of the land under the execution, and the sheriff cannot legally exact fees for levying the execution upon the land in such eases in the manner in which a writ of attachment is levied, and fees illegally exacted for such levy may be recovered back from the sheriff by the judgment debtor or his assignee.</p> <p>In.—Lands of Record in Names of Third Parties—Mode of Levy of Execution— Interest of Defendant.—The fact that some of the land upon which the sheriff levied stood on the records of the county in the names of persons not parties to the writ does not require that the levy of the execution should he different in case of such land, nor that there should be any notice other than that given to the general public by the ordinary posting and advertisement of sale; and, in such case, the judgment lien, levy, and sale can only operate on such interest in the land as may be in fact owned by the defendant.</p> <p>Jurisdiction—Amount in Controversy—Prayer.—The prayer of a complaint is not conclusive of the jurisdiction of the superior court if the record shows on its face that the dispute concerning an amount within the competence of that court to consider is feigned and not real.</p>