Wooddy v. Jameson

Citations

• 5 Idaho 466
• 50 P. 1008
• 1897 Ida. LEXIS 36

Syllabus

<p>Execution Sale — Judgment Debtor mat Direct which Parcel to be Eirst Sold. — Section 4484 of the Kevised Statutes provides that the judgment debtor may direct the order in which different parcels of property levied on shall be sold under execution. J., the judgment debtor, at a sale under execution, directed that one of two parcels of land levied on should be first sold, but the sheriff disobeyed said direction. The defendant moved to set aside the sale. Held, that the sheriff had no authority to sell, except in the order that the judgment debtor directed, and that the sale was properly set aside.</p> <p>How Judicial Sale Set Aside. — The proper remedy to set aside a judicial sale which has been wrongfully made, prior to the making of the sheriff’s deed, is by motion in the principal action, notice of which must be served upon the adverse party and upon the purchaser.</p> <p>(Syllabus by the court.)</p>