shall execute and deliver to the purchaser of personal property, not capable of manual delivery, a certificate of sale and payment; and that such certificate shall convey to the purchaser all right, title, and interest which the debtor had in and to such property on the day the execution was levied. Under the foregoing provisions there can be no doubt but that the note in suit was liable to seizure and sale under execution against the holder and payee, David Thomas. It was a "credit," within the meaning of the statute.-Webster's Dictionary, word "credit." By Sec. 642 of the Code of Practice of Louisiana, the Sheriff, under an execution, is required "to seize the property, real and personal, rights, and credits of the debtor, and to sell them to satisfy the judgment obtained against him." Under this provision it has been held in that State that the right of a defendant in a promissory note may be sold under an execution-Brown vs. Anderson, 4 Martin (N. S.), p. 416-and that an actual seizure by the Sheriff is not required.-Wilson vs. Munday, 5 Louisiana, p. 483. In subsequent cases, however, this latter point seems to have been decided the other way.-Goubeau vs. N. O. & N. R. R. Co., 6 Robinson, p. 345; Simpson vs. Allain, 7 Robinson, p. 500; Fluoker vs. Bullard, 2 La. An., p. 338; Offut vs. Mouquit, 2 La. An., p. 875; Taylor vs. Stone, 2 La. An., p. 910; Stockton vs. Staubrough, 3 La. An., p. 390. In Adams vs. Hackett, 7 Cal., p. 187, this doctrine was announced as a judgment. In Johnson vs. Reynolds, which was decided about the same time as Adams vs. Hackett, but does not seem to have been reported, it was applied to promissory notes. Johnson sued Reynolds upon two promissory notes made by him in favor of Adams & Co., which he had purchased at a Sheriff's sale, under an execution against Adams & Co., by virtue of which the Sheriff had seized and taken the notes into his possession. These facts were set out at length in the complaint. The defendant demurred, on the ground that the plaintiff did not become the lawful owner and holder of the notes by reason of the sale and delivery to him by the Sheriff. The Court below sustained the demurrer, and the plaintiff appealed. This Court reversed the judgment, holding that the notes were liable to seizure and sale under execution, and that by virtue of the Sheriff's sale the plaintiff had become the lawful owner and holder of the notes, and therefore entitled to sue.-Davis vs. Mitchell, 34 Cal., p. 87. 6. EXECUTION AGAINST REAL ESTATE.-See the Amended 1873-4. elaborate opinion of Justice Rhodes in Bagley vs. Ward, 692. (§ 221.) Before the sale of property on exe- Notice of cution, notice thereof must be given, as follows: 1. In case of perishable property: by posting written notice of the time and place of sale in three public places of the township or city where the sale is to take place, for such time as may be reasonable, considering the character and condition of the property; 2. In case of other personal property: by posting a similar notice in three public places in the township or city where the sale is to take place, not less than five nor more than ten days successively; 3. In case of real property: by posting a similar notice, particularly describing the property, for twenty days successively, in three public places of the town ship or city where the property is situated, and also when the property is to be sold, and publishing a copy thereof, once a week for the same period, in some newspaper published in the county, if there be one; 4. When the judgment under which the property is to be sold is made payable in a specified kind of money or currency, the several notices required by this section must state the kind of money or currency in which bids may be made at such sale, which must be the same as that specified in the judgment. NOTE.-See note to Sec. 691, ante, and cases there cited. sale under without what attached. 693. (§ 222.). An officer selling without the notice Selling prescribed by the last section forfeits five hundred notice, dollars to the aggrieved party, in addition to his actual penalty damages; and a person willfully taking down or defacing the notice posted, if done before the sale or the satisfaction of the judgment (if the judgment be satisfied before sale), forfeits five hundred dollars. Sales, how conducted. Neither the officer it nor his deputy NOTE. If the Sheriff fails to give the required notice, this section prescribes the remedy against him therefor; but the failure to give the notice, it seems, is not sufficient cause for avoiding the sale.-Smith vs. Randall, 6 Cal., p. 47. But if the attempted sale was a nullity, and no title passed by the Sheriff's sale, then no injury has been sustained by the judgment debtor, and the Sheriff is not liable for damages under this section, notwithstanding he did not give the required notice.Askew vs. Ebberts, 22 Cal., p. 263. 694. (§ 223.) All sales of property under execution must be made at auction, to the highest bidder, between the hours of nine in the morning and five in the afternoon. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither conducting the officer holding the execution nor his deputy can become a purchaser, or be interested in any purchase, at such sale. When the sale is of personal property, capable of manual delivery, it must be within view of those who attend the sale, and be sold in such parcels as are likely to bring the highest price; and when the sale is of real property, consisting of several known lots or parcels, they must be sold separately; or when a portion of such real property is claimed by a third person, and he requires it to be sold separately, such portion must be thus sold. The judgment debtor, if present at the sale, may also direct the order in which property, real or personal, shall be sold, when such Real and personal property, how sold. Judgment debtor, if present, may direct order of sale, and the officer his directions. shall follow property consists of several known lots or parcels, or of articles which can be sold to advantage separately, and the Sheriff must follow such directions. NOTE.-1. THIS SECTION IS MERELY DIRECTORY, so far as it deals with the manner in which the officer is required to execute the writ.-Blood vs. Light, 38 Cal., p. 654, and cases cited. 2. NEITHER THE OFFICER NOR HIS DEPUTY CAN BECOME A PURCHASER.-Jenkins vs. Frink, 30 Cal., p. 591. 3. RIGHT OF PLEDGEE TO BUY AT SHERIFF'S SALE. Wright vs. Ross, 36 Cal., p. 415. 4. TITLE OF PURCHASER DOES NOT DEPEND UPON 69 THE RETURN OF THE SHERIFF.-Blood vs. Light, 38 5. EXECUTION SALE-WHEN SET ASIDE.-If prop- 6. EXECUTION SALES-WHEN VALID, WHEN VOID. Sales to persons buying in good faith, under voidable executions, are valid, though the execution be afterwards set aside; but sales under void executions are invalid. See Hunt vs. Loucks, 38 Cal., p. 373. 7. SALE WHERE JUDGMENT IS VOID. - Moore vs. 8. LAND SOLD IN GROSS.-Where the land con- 9. GENERALLY.-McKenzie vs. Dickinson, Sup. Ct.' If purchaser 695. (§ 224.) If a purchaser refuse to pay the refuses amount bid by him for property struck off to him at a to pay purchase money, what pro sale under execution, the officer may again sell the ceedings. Amended 1873-4. Court of justice may summary against a property at any time to the highest bidder, and if any loss be occasioned thereby the officer may recover the amount of such loss, with costs, by motion, upon previous notice of five days before any Court, or before any Justice of the Peace, if the same does not exceed his jurisdiction. NOTE.-The buyer at the sale must pay the whole amount down in cash, or he acquires no right whatever against the Sheriff for property sold.—People vs. Hays, 5 Cal., p. 66; Williams vs. Smith, 6 Cal., p. 91. If a party purchased real estate at a Sheriff's sale, on the representations of a judgment creditor that his judgment was the first on the property, when, in fact, there were prior judgments, the purchaser should be relieved and the judgment creditor estopped from claiming an advantage resulting from his own misrepresentations. Caveat emptor applies to judicial sales, but it has many limitations and exceptions.-8 Cal., p. 21. In an action against a purchaser at Sheriff's sale for not paying the amount of his bid, it is no defense that a sufficient notice of the sale was not given. If such be the fact, the purchaser has a remedy against the Sheriff-Harvey vs. Fisk, 9 Cal., p. 93. In an action to compel payment by delinquent purchaser at judicial sale, the statement of the Sheriff, upon which the motion is based, need not state in terms "that loss was occasioned" by failure to pay the amount bid. An averment of the amount bid, and a resale at a specified smaller sum, is sufficient.-Johns vs. Trick, 22 Cal., p. 511. Caveat emptor—its application to judicial sales.See Boggs vs. Hargrave, 16 Cal., p. 560. 696. (§ 225.) Such Court of justice must proceed proceed in in a summary manner and give judgment, and issue execution therefor forthwith, but the defendant may claim a jury; and the same proceedings may be had Officer may against any subsequent purchaser who refuses to pay, purchaser's and the officer may, in his discretion, thereafter reject the bid of any person so refusing. to pay. refuse such bid after. NOTE.-Askew vs. Ebberts, 22 Cal., p. 264; Johns vs. Trick, 22 Cal., p. 511. 697. (§ 226.) The two preceding sections must not be construed to make the officer liable for any |