Shores v. Scott River Water Co.

Citations

• 17 Cal. 626

Syllabus

<p>Smith v. Randall, (6 Cal. 47) that the remedy against a Sheriff for selling property on insufficient notice is confined to the statutory remedy, affirmed.</p> <p>It is no objection to a sale under a decree of foreclosure, that such sale was made by a Sheriff defacto and not dejure. The acts of an officer de facto are valid as between third persons.</p> <p>If the first order of sale on a foreclosure decree be not executed, a second order may issue. Such second order might in some cases be ground of objection on the score of costs, but it is not objectionable as affecting the validity of the sale.</p>