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Duties of Sheriffs and Constables, Particularly Under the Practice in California and the Pacific States and Territories; With Practical Forms for Official Use

Duties of Sheriffs and Constables, Particularly Under the Practice in California and the Pacific States and Territories; With Practical Forms for Official Use


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...the expiration of the period fixed by the statute for redemption. This period varies under the statutes in different states, and in some there is no redemption, the sale being absolute in the first instance. (See secs. 474, ante.) The term "months" used in the statute fixing the period of redemption from judicial sales means calendar and not lunar months, and a sheriff's deed executed before the expiration of the statutory period of redemption is absolutely void and not merely voidable. (Gross v. Fowler, 21 Gal. 393.) 502. When deed takes effect. When a judgment is rendered in an attachment suit, and becomes a lien on real property the lien of the attachment is merged in the judgment and the deed which follows takes effect from the date of the attachment. The judgment does not operate so as to release or obliterate the attachment lien. The property attached is still in contemplation of law in the hands of the officer, subject to the judgment. The property is sold under final process issued on the judgment, but the deed made to the purchaser at the sale as the last of the series of acts takes effect from the date of the levy of the attachment as the first of the series of acts and perfects the title of the property from the day when it was taken by the officer for the satisfaction of the judgment. In the case of Porter v. Pico, 55 Cal. 174, Mr. Justice McKee, who delivered the opinion of the court, said: --"Perhaps it would be more in accordance with the fitness of things to deal with the fact of the levy of the attachment as of an incipient execution, by which the officer has taken into his possession the subject of the levy for the satisfaction of any judgment which might be recovered, and to order him after judgment, to sell the speci...


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Product Details
  • ISBN-13: 9781150213274
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 150
  • Spine Width: 8 mm
  • Width: 189 mm
  • ISBN-10: 1150213272
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 281 gr


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Duties of Sheriffs and Constables, Particularly Under the Practice in California and the Pacific States and Territories; With Practical Forms for Official Use
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