Vigoureux v. Murphy

Citations

• 54 Cal. 346

Syllabus

<p>Sheriff's Sake.—A sale in mass, under an execution, of real estate consisting of several known and distinct parcels, at a price greatly below the actual value, is voidable, and will be set aside upon a proper application of the judgment debtor, when made in a reasonable time after the sale; but such a sale is not void, and will not be set aside if the application is not made within a reasonable time. Held, accordingly—where in such a case the application to avoid the sale was made more than three years after the sale, by a cross-complaint to an action of ejectment brought by the successor of the purchaser—that the application came too late, though the sale should have been vacated had the application been made immediately on. the return by the sheriff, and perhaps in case it had been made within the time allowed for redemption.</p> <p>Id.—Notice.—In case of such a sale, a knowledge of the judgment, execution, and advertisement, is sufficient to put the judgment debtor on his inquiry, and is in effect equivalent to a knowledge of the sale.</p>