22 Cal. 373 | Cal. | 1863
This is an appeal for an order granting a writ of assistance to put the plaintiff in possession of an undivided interest in certain property in the City of Sacramento. The proceeding was instituted
It is objected that the deputy had no authority to execute the deed; and the Act of 1858, “ for the relief of purchasers at sales of real estate by public officers,” is referred to as sustaining the objection. The act (Sec. 1) provides, that “ where lands have been or may hereafter be sold by a Sheriff, or other authorized officer, for taxes, or under an execution or order of sale, the purchaser or his assigns may be entitled to a deed, and the Sheriff or other officer who made the sale is dead, or absent from the State, or in any wise disqualified, it shall or may be lawful for the successor of the said Sheriff, or other officer, to make such deed to such purchaser, his assignee or assignees, in the same manner and with the same effect, as if made by the officer malting such sale.” ' Under the law as it stood prior to the passage of this act, the successor of the officer making the sale had no power to execute the deed, and the effect of the act is simply to confer upon him the power to do so. It takes nothing from the authority of the officer who made the sale; and his power to execute the deed, either by deputy or in person, continues as before. The object was to relieve the purchaser and not to limit the power of the officer. In case of death or disqualification, of course the deed must be executed by the successor, and it may be executed by him in the case of absence. In the latter case, however, his authority is not exclusive, unless the absence be such as to amount to a disqualification. The whole subject is a matter of statutory regulation, and there is nothing in the act in question operating as a repeal or modification of previous statutes.
Other objections are interposed, but they are not well taken.
The order is affirmed.