The Law of Void Judicial Sales (Classic Reprint)
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Excerpt from The Law of Void Judicial Sales
§ 1. Plan and Scope of the Work - Sundry Definitions. - We propose, in the following pages, to direct oar attention, and that of our readers, to void execution and judicial sales, and the legal and equitable rights of purchasers thereat. Having considered these questions, we shall conclude with inquiries concerning the constitutionality of those curative acts, and that class of special legislation, attempting either to validate invalid judicial sales, or to authorize involuntary sales, in the absence of any judicial proceedings whatever. In the terms "judicial and execution sales, " as we here use them, are embraced all sales made in pursuance of the orders, judgments or decrees of courts, or to obtain satisfaction of such orders, judgments or decrees. Precisely what sales can accurately be denominated "judicial" is not very well settled. Of course they must be the result of judicial proceedings, and the order, decree or judgment on which they are based must direct the sale of the property sold. There can be no judicial sale except on a pre-existing order of sale.
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