Webster v. Haworth

Citations

• 8 Cal. 21
• 1857 Cal. LEXIS 276

Syllabus

<p>Where a party purchased real estate, at an execution sale, upon the faith of the representations of the judgment-creditor, that his judgment was the first on the property, when, in fact, there were prior incumbrances on it of more than its value : Held, that the purchaser should be relieved, and the judgment-creditor should be estopped from claiming an advantage resulting from his own misrepresentations.</p> <p>It makes no difference whether the misrepresentations were made willfully or ignorantly, or that the action against the purchaser was brought in the name of the sheriff. Ordinarily, the maxim of caveat emptor applies to judicial sales, but it has many limitations and exceptions.</p> <p>The return on an attachment cannot be amended so as to postpone the rights of creditors attaching subsequently, but before the collection.</p>