Page:United States Statutes at Large Volume 77.djvu/559

 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

527

§15-314 Appraisement; notice of sale Where not herein otherwise provided, all property levied upon, except money, shall be appraised by two sworn appraisers and sold at public auction for cash. Personal property may be sold after ten days' notice by advertisement, containing a description sufficiently definite to be embodied in a conveyance of title. Leasehold and freehold estates in land may be sold after notice has been made in the manner provided by section 2002 of Title 28, United States Code. 6 2 Stat. 959. § 15-315. Death, removal, or disqualification of marshal When the marshal dies, or is removed from office, or becomes otherwise disqualified from executing a writ of execution received by him, the writ may be executed and returned by his deputy or successor in office. § 15-316. Subrogation of purchaser after defective sale; no refund When, upon the sale of property under execution, the title of the purchaser is invalid by reason of a defect in the proceedings, the purchaser may be subrogated to the rights of the creditor against the debtor to the extent of the money paid by him and applied to the ^debtor's benefit, and to that extent lias a lien on the property sold against all persons except bona tide purchasers without notice; but the creditor may not be required to refund the purchase money on account of the invalidity of the sale. § 15-517. Remedy of marshal for erroneous sale made in good faith When the marshal or any other officer to whom execution has been delivered levies upon and sells in good faith property not subject thereto and applies the proceeds thereof toward the satisfaction of the judgment, and a recovery is had against him for its value, the officer, on payment of the value, may, on motion and due notice thereof to the defendant, have the satisfaction of the judgment vacated, and execution shall issue thereon for his use as if the levy and sale had not been made. § 15-^18. Remedies of purchaser upon refusal to deliver possession When real property is sold by virtue of an execution, and the judgment debtor or a person claiming under him since the rendition of the judgment is in actual possession of the property and refuses to deliver possession thereof to the purchaser upon demand made therefor, the court, on the application of the purchaser, may: (1) require the person so in possession to show cause why possession should not be delivered according to the demand; and (2) if good cause is not shown, issue a writ of habere facias possessionem, requiring the marshal to put the purchaser in possession. If the party in possession alleges under oath a title derived from the judgment debtor prior to the judgment or a title superior to that of the defendant, the writ may not issue, but the purchaser may have his remedy by an action of ejectment or the summary remedy in the District of Columbia Court of General Sessions provided for in sections 16-1501 to 16-1605. § 15-^19. Execution of final decree after death; other appropriate proceedings When a party to an action dies after final decree, the court may order execution of the decree as if death had not occurred, or the court, after motion and hearing, may order the decree revived against

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