Los Angeles County Bank v. Raynor

Citations

• 61 Cal. 145
• 1882 Cal. LEXIS 566

Syllabus

<p>Sheriff’s Deed—Evidence—Ejectment.—In an action of ejectment upon a sheriff’s deed against the defendant in execution it is not necessary for the plaintiff who claims as a purchaser under the execution to do more than show the judgment of a Court of competent jurisdiction, the execution issued thereon, and the sheriff’s deed.</p> <p>Id.—Execution—Judgment.—The enforcement of a judgment does not depend upon its entry or docketing. These are merely ministerial acts, the first of which is required to be done for putting in motion the right of appeal from the judgment itself, and of limiting the time within which the right may be exercised or in which the judgment may be enforced, and the other for the purpose of creating a lien by the judgment upon the real property of the debtor; but neither is necessary for the issuance of an execution upon a judgment which has been duly rendered. Without docketing or entry, execution may be issued on the judgment, and land levied upon and sold; and the deed executed by the sheriff, in fulfillment of the sale, not only proves the sale, but also estops the defendant from controverting the title acquired by it.</p>