Southern California Lumber Co. v. Ocean Beach Hotel Co.

On December 1,1888, the plaintiff obtained a judgment against the defendant, foreclosing a material-man’s lien upon a block of land in the city of San Diego, and directing a sale of the property, and the application of the proceeds to the payment of the amounts adjudged to be due.

On October 8, 1889, a writ for the enforcement of this judgment was issued and placed in the hands of the sheriff of the county. By the writ the sheriff was commanded to proceed to advertise for sale and sell the property, and to make and file his report of the sale with the clerk of the court within sixty days.after his receipt thereof. In obedience to this command, the sheriff published and posted notice that he would sell the property on a day named, and within the time limited for the return of the writ, but no sale was ever made pursuant to that notice, “ action thereon having been indefinitely postponed pursuant to an agreement by the parties plaintiff and defendant that there should be no sale prior to February 24-, 1890.” The sheriff retained the writ, and subsequently again published and posted notice that he would sell the property thereunder on February 24,1890; and on that day he sold the…