Lewes v. Thompson
California Supreme Court Oct 15, 1853Published
Before: Heydenfeldt
Synopsis
A sheriff’s deputy may execute a deed for property sold under execution, but he must execute it in the name of the sheriff If executed in his own name, it is decisive against the party claiming under it.
Heydenfeldt, Justice, delivered the opinion of the court. Murray, Chief Justice, concurred.
Although a sheriff’s deputy may execute a deed for property sold under execution, he must execute it in the name of the sheriff. This principle has been settled by a long current of authorities, and as it is decisive of this action, it is unnecessary to enter into the consideration of the other cpiestions raised on the record.
Judgment reversed, and cause remanded.
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