Riley v. Nance

Citations

• 97 Cal. 203
• 31 P. 1126
• 1893 Cal. LEXIS 511

Syllabus

<p>Attachment — Sale of Land by Attachment Debtor after Levy — Merger of Lien — Bond for Stay of Execution.—Where land is attached and held under the attachment until judgment in the case, but after the levy of the attachment, and prior to the judgment, the attachment debtor conveys the land to a third party, the attachment lien continues in force, and there is no judgment lien upon the property into which the attachment lien can merge, nor is the attachment lien released or discharged by an undertaking upon appeal to stay execution upon the judgment.</p> <p>Id.—Sale of Land under Attachment—Priority over Subsequent Mortgage by Grantee. — In such case, a sale of the land under execution upon the judgment in the attachment suit vests title in the execution purchaser, which will prevail over title derived by a purchaser at a foreclosure sale under a mortgage given by the grantee of the attachment debtor.</p> <p>Id.—Relation — Sheriff’s Deed of Attached Property.—A sheriff’s deed, executed in pursuance of an execution sale under a judgment in an attachment suit, takes effect from the date of the attachment, if the levy was such as to create a lien.</p>