Hays

In this cause, the respondent having, in the summer or *68 fall of 1861, bid off at sheriff’s sale a number of lots, said to have belonged to the City of San Francisco, under a judgment entered in the Superior Court in favor of Peter Smith, against the City of San Francisco, and having paid a small portion of the purchase money, the respondent waits until the expiration of nearly two years, and after most of the property had been re-sold by the sheriff, and then comes forward and tenders the balance due upon his bids, and demands a deed for the property. The respondent also adds, that he was always ready to pay the balance due, when the deed was made out by the sheriff and tendered to him, and that he never refused to pay the balance due.

A sheriff by our laws, in selling property under execution, is not bound to receive any bid, except for cash on the whole amount of the sale ; and having received a bid with but a portion of the purchase money paid at the time, he may disregard the bid, and offer the property again for sale, if the balance of the purchase money is not paid before the return day of the execution. A sheriff is not bound to demand the purchase money before setting…

I concur, upon the ground that a purchaser at sheriff’s sale, acquires no rights whatever against the sheriff for property sold, unless at the time of the sale he has paid down in cash, the whole of the purchase money.