Purser v. Cady

Citations

• 5 Cal. Unrep. 707
• 49 P. 180
• 1897 Cal. LEXIS 990

Syllabus

<p>Execution Sale—Reversal of Judgment—Title of Purchaser.— Plaintiff claimed title to certain land under execution sale and sheriff’s deed to his grantors. After such sale the judgment was reversed in the supreme court as far as it awarded counsel fees, but was in all other respects affirmed. Held, that, since no order for the restitution of the property sold was ever made, as provided by Code of Civil Procedure, section 957, plaintiff’s title acquired by the execution sale was not affected by such reversal.</p> <p>Execution Sale—Relation of Deeds.—Where Judgments are Rendered foreclosing liens for labor, the liens relate back to the time when the labor for which they were claimed commenced, and the deeds executed in pursuance thereto take effect by relation to the time the liens attached.</p> <p>Execution Sale.—In Order to Recover Possession of Property purchased at execution sale, it is necessary to introduce in evidence the judgment as a basis of the execution.</p>