Southern California Lumber Co. v. Ocean Beach Hotel Co.

Citations

• 94 Cal. 217
• 29 P. 627
• 1892 Cal. LEXIS 666

Syllabus

<p>Foreclosure of Lien — Order of Sale—“Writ”—“Execution” — Sale after Return Day — Construction of Code. — The only process provided for the enforcement of a judgment foreclosing a lien upon specific property is that prescribed by section 684 of the Code of Civil Procedure, requiring a judgment for the sale of property to he enforced by a “writ” reciting the judgment and directing the sale. Such “writ” is not an “execution” within the meaning of section 683, and a sale of the property by the sheriff is not invalidated because made after the return day of the writ.</p> <p>Id. — Execution — Sale under Levy after Return Day. —A sale by a sheriff under an execution after the return day of the execution is valid if he has made a levy during the lifetime of the writ; and a sale may likewise be made after the return day of a writ issued under an ordee of sale, where no levy is required.</p> <p>Id. — Directory Provision as to Time — Control oe Court — Setting aside Sale. — The time within which a sale is directed to be made to satisfy a judgment ordering a sale upon foreclosure of a lien is but directory, and under the control of the court; and the sale should not be set aside merely because it was not made before the return day of the writ.</p>