Dorland

The only question in this case is, whether or not an execution or order of sale can issue upon a decree foreclosing a street assessment after five years. The court below held it could not, and set aside and vacated a former order authorizing such writ to issue, and vacating a sale made thereunder. From this order the appellant prosecutes this appeal.

Section 681 of the Code of Civil Procedure provides: “The party in whose favor judgment is given may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement.” And section 685 provides: “In all cases other than for the recovery of money the judgment may be enforced or carried into execution, after the lapse of five years from the date of its entry, by leave of the court, upon motion, or by judgment for that purpose, founded upon sufficient pleadings.”

The contention of the appellant is, that the first of these sections applies solely to personal judgments for *204 the recovery of money, and that a judgment for the foreclosure of a street assessment lien, where there can be no personal judgment, is not within that section, but is covered by section 685, and that therefore her…