Chapman

The process under which the mortgaged property was sold was only a copy of the judgment issued and attested by the Clerk. It did not conform to secs. 682 and 684 of the Code of Civil Procedure, as it did not purport to have been issued in the name of the People, nor was it directed to the Sheriff, nor did it direct him to execute the judgment. Process of that kind was regarded *559 as regular in foreclosure cases under the Practice Act, (Heyman v. Babcock, 30 Cal. 367 ) and it would be so regarded up to the time of the adoption of an amendment to sec. 684 in 1874. By that amendment it was provided that “ when the judgment requires the sale of property, the same may be enforced by a writ reciting such judgment, or the material parts thereof, and directing the proper officer to execute the judgment by mating the sale and applying the proceeds in conformity therewith.”

The process was erroneous; but was it, for the defects above mentioned, void? The judgment itself directed the Sheriff to do all that process, issued in the most formal and regular manner, could have directed him to do. If the process was amendable by supplying the above-mentioned defects, it was not void; for void…