Ollis v. Kirkpatrick

Citations

• 3 Idaho 247
• 28 P. 435
• 1891 Ida. LEXIS 43

Syllabus

<p>What is a Valid Judgment — Execution—Notice oe Real Estate ■ Sale, How Published — Real Estate, How Sold.</p> <p>Recitals of a Valid Judgment. — A judgment which recites that defendant was duly summoned and failed to answer, that evidence was heard, cause submitted, and the court being sufficiently advised doth adjudge the plaintiff recover of the defendant the sum of eighty-two dollars and sixty-three cents, with interest and costs, dated and signed by the justice, is a valid judgment. Sale of Property Under Execution After it Should be Returned. An execution having been duly issued, placed in the hands of the sheriff, and by him levied upon property during its lifetime, the property so levied upon may be sold after the date when said execution must have been returned, had such levy not been made. Notice of Sale, How Published. — Notice of sale of real estate levied upon under execution may, under our statute, be given by posting written or printed, notices, or by publication in a newspaper published in the county, and the sale may be postponed by announcing the fact at the time advertised and giving notice by writing same on original notice, or putting notice thereof under the original.</p> <p>How Several Parcels of Real Property Must be Sold. — When real property consists of several known lots or parcels, they must be sold separately or offered for sale in parcels, and if no bids are received, and the lots or parcels are adjacent, they may then be sold in a lump.</p> <p>(Syllabus by the court.)</p>