O'Donnell v. Merguire

Citations

• 6 Cal. Unrep. 423
• 60 P. 981
• 1900 Cal. LEXIS 1076

Syllabus

<p>An Execution Signed by a Deputy Clerk for a Clerk of the court, whose term expired several months prior to the issuance of the execution, is void, under Code of Civil Procedure, section 682, declaring that an execution shall be sealed with the seal of the court and subscribed by the clerk; and a purchaser at a sale had under a levy based on such execution acquires no title to the property, so as to enable him to question a conveyance thereof by the judgment debtor, as fraudulent.</p>