A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the sale were made by the person against whom the process was issued.
(Orig. Code 1863, § 2575; Code 1868, § 2577; Code 1873, § 2619; Code 1882, § 2619; Civil Code 1895, § 5446; Civil Code 1910, § 6051; Code 1933, § 39-1303.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 47 Am. Jur. 2d, Judicial Sales, § 146 et seq.
C.J.S.- 50A C.J.S., Judicial Sales, §§ 87, 88.
ALR.
- Effect of destruction of or damage to property after judicial or execution sale on rights and liability of successful bidder, 17 A.L.R. 970; 25 A.L.R. 71.
Violation of direction of decree or order as regards sale of land in parcels or in gross as affecting validity of sale and title of purchaser, 84 A.L.R. 324.
Sheriff's deed as making a prima facie case for one seeking to recover land thereunder, 108 A.L.R. 667.
Right of purchaser at execution or judicial sale to value of personal use and occupation by judgment debtor or his successor in interest during period of redemption, 153 A.L.R. 739.
Reversal, upon writ of error or appeal, of decree directing judicial sale as affecting title of stranger to litigation who purchased at such sale before appeal or pending appeal without supersedeas, 155 A.L.R. 1252.
Purchase of cotenant's interest at judicial sale as making purchaser cotenant, 159 A.L.R. 395.
Right of purchaser at judicial or execution sale made subject to a purported lien to question validity thereof, 171 A.L.R. 302.