Fore v. Manlove, Cal., Judgment, Law, casemine.com

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Attorney(S)

E. B. Crocker and Robt. Robinson, for Appellant, cited Pr. Act, secs. 217, 220, 228; Adams v. Halleck , 7 Cal. 187, 203; Johnson v. Reynolds, Jan. Term, 1857, not reported; 4 Martin, N. S. 416; 5 La. 416; 2 Martin, N. S. 615; Thomas v. Callahan's Heirs , 5 Id. 180; 3 Hill, 228; 2 Murphy, 30; 3 Monroe, 449; Wright v. Levy , 12 Cal. 257; 1 Story Eq. sec. 64, ch. 411; 2 Id. secs. 1502, 1503; 5 Cal. 315; 3 Id. 179; 7 Id. 292: 6 Id. 315; 9 Id. 213; 2 Mass. 96; 4 Id. 456. Geo. R. Moore, for Respondents.

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Smart Summary

Factual and Procedural Background

In March 1856, Muldrow and Fore obtained a judgment against Samuel Norris for approximately six hundred dollars. On September 6, 1858, Muldrow sold and assigned this judgment to plaintiffs Moore & Welty. Plaintiffs then caused execution to be issued and levied by the defendant, the Sheriff of Sacramento County, on Norris's property. The property was sold, yielding sufficient funds to satisfy the judgment and costs, which were paid over to Crocker & Robinson. Plaintiffs demanded these funds from the Sheriff, who refused to pay, prompting this suit on the Sheriff's official bond.

Crocker & Robinson, the real defendants, claimed that Samuel Norris had recovered a judgment in 1857 against Muldrow and others, which was assigned to them. They contended that execution was issued on their judgment in February 1859, levied upon the judgment originally assigned to Moore & Welty, and that the Sheriff sold this judgment, which they purchased. They claimed ownership of the judgment and entitlement to the money collected by the Sheriff. The plaintiffs had judgment in the lower court, and the defendant Sheriff appealed.

Legal Issues Presented

Whether the assignment of the judgment to Moore & Welty made them absolute owners, thereby precluding any interest in the judgment subject to sale at the Sheriff's execution sale and negating the necessity of notice to subsequent purchasers.
Whether the judgment was properly subject to levy and sale under execution, and if so, whether statutory requirements such as notice to the judgment debtor were complied with, affecting the validity of the purchaser's title.

Arguments of the Parties

Appellant's Arguments (Crocker & Robinson)

They relied on statutory provisions (Practice Act, sections 217, 220, 228) and various precedents to support their claim that the Sheriff's sale of the judgment was valid and that they acquired title through the Sheriff's sale.
Asserted that their prior judgment against Muldrow and others, assigned to them, allowed execution to be levied on the judgment originally held by Moore & Welty.

Respondents' Arguments (Moore & Welty)

This information was not available in the provided opinion.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
3 Hill, 228	Assignment of judgment vests absolute ownership; no interest remains for Sheriff's sale.	Supported the principle that the prior assignment to Moore & Welty gave them absolute ownership, invalidating subsequent Sheriff's sale interest.
3 Dessauss, 254; 5 Shep. 327; 6 Blackf. 444	Similar principles regarding ownership and effect of assignment on subsequent sales.	Reinforced that the Sheriff's sale could not convey title after assignment.
Practice Act, secs. 217, 220	Statutory requirement for notice of levy on judgment debtor.	Court held that statutory notice was not complied with, invalidating the Sheriff's sale.
Crandall v. Blen, 13 Cal. 15	Requirement of notice to judgment debtor for valid levy and sale.	Applied to conclude purchaser at Sheriff's sale acquired no title without proper notice.
Ransom v. Miner, 1 Code R. 98; 19 Wend. 495; 2 Hill, 666; 4 Kern. 270; 9 Barb. 620; 14 Cal. 49	Supporting authorities for notice and procedural requirements in execution sales.	Used to affirm that statutory procedures were not met, affecting validity of Sheriff's sale.

Court's Reasoning and Analysis

The court reasoned that a judgment is a chose in action, not a negotiable instrument, and that an assignment of the judgment vests absolute ownership in the assignee. Since Moore & Welty acquired the judgment by assignment before the Sheriff's levy and sale, the Sheriff's sale could only convey the interest held by the creditor at the time of sale, which was none. Therefore, the Sheriff's sale did not transfer title to Crocker & Robinson.

Furthermore, the court emphasized that statutory requirements for levy and sale, including notice to the judgment debtor, were not complied with. Without such compliance, the purchaser at the Sheriff's sale acquires no valid title.

The court rejected the argument that the Sheriff's sale carried legal title superior to the prior assignment, explaining that both sales convey the same type of equitable interest, and priority belongs to the first bona fide purchaser.

Holding and Implications

The judgment of the lower court was affirmed.

The court held that the assignment of the judgment to Moore & Welty gave them absolute ownership, invalidating the Sheriff's subsequent sale and purchase by Crocker & Robinson. As a result, the defendant Sheriff was liable to pay the collected funds to Moore & Welty. This decision directly affects the parties by upholding the plaintiffs' recovery and does not establish new precedent beyond the application of existing principles regarding assignment and execution sales.

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FORE et al. v. MANLOVE, Sheriff

1. The assignment of the judgment to Moore & Welty constituted them the absolute owners thereof, and hence there was no interestin the judgment left to be sold at the Sheriff's sale, and notice to subsequent purchasers was not necessary. (3 Hill, 228; 3 Dessauss, 254; 5 Shep. 327; 6 Blackf. 444.)

2. The judgment in question was not the subject of levy and sale under execution; and if it were, the statute was not complied with and the purchaser acquired no title. Under the statute, notice of the levy must be served on the judgment debtor. (Prac. Act, secs. 217, 220; Crandall v. Blen , 13 Cal. 15; Ransom v. Miner, 1 Code R. 98; 19 Wend. 495; 2 Hill, 666; 4 Kern. 270; 9 Barb. 620; 14 Cal. 49.)

JUDGES: Baldwin, J. delivered the opinion of the Court. Cope, J. concurring.

OPINION

BALDWIN, Judge

If a judgment be the subject of levy and sale, as appellant contends, the purchaser would only take as assignee. No title to the chose in action different from that passing by act of assignment, made immediately by the owner of it, would be communicated by the Sheriff's sale. A judgment is not a negotiable instrument, as a bill of exchange is, by the law merchant; but is a mere chose in action, vesting an equitable right in the assignee to the proceeds of it, with a right to the usual and legal means of collecting the amount due on it. But in this case it appears that before the levy and sale, the judgment had been assigned for value by the holder of it to Moore & Welty. Their right first accruing by the assignment of the execution debtor, took precedence of the Sheriff's assignment subsequently made. The Sheriff sold the interest of the creditor in the judgment; but the title was already gone before the levy. Between two bona fide purchasers of a chose in action not negotiable, the purchaser first in time is prior in right. It does not avail to say that the execution sale carried the legal title and the prior assignment only an equity; the title sold in both cases is precisely the same--there being no difference, so far as affects the quality of the interest conveyed, between a sale made voluntarily by the party himself and a sale made for him by the Sheriff who, in making it, acts as his agent.

Judgment affirmed.

Fore v. Manlove