ordered by an alias execution, or venditioni exponas, which sale is also subject to this statutory supervision. If the sale is affirmed or confirmed, the sheriff then makes a deed to the purchaser, in those states where required by statute, or a certificate of purchase until the time allowed for redemption has expired; and if not redeemed, then the sheriff is ordered to make a deed to the purchaser which conveys all the title the defendant had in the land, and no more. To complete his title, the purchaser should procure the registration of the deed in the proper office in the county where the lands lie. $ 52. In the New England states, with the exception of Rhode Island, the sheriff's official return of the proceeding under the execution constitutes the title of the purchaser, as does the sheriff's return of the inquisition of the elegit in England; no deed is executed, as the title rests upon matter of record, $53. The method of executing the different writs of execution will be clearly shown by pursuing the order in which the powers and objects of each particular writ are made effective in obtaining the fruits of a judgment. CHAPTER II. FORM AND CONTENTS OF AN EXECUTION. What it must contain. Of the Caption. - Mandatory Part. -Teste. - Directions for Return. - Indorsement. - When regular. When irregular. When voidable. When void. Executions in Actions of Replevin. - Amending Executions. How amended. When allowed. What Defects cured. -Who may amend. - Effect of Amend ment. § 54. THERE are many forms of execution for enforcing the judgments of courts in the various kinds of actions. In considering executions as to the objects they are to act upon, they may be divided into two classes: those which are for the recovery of specific things, and those for the recovery of money. In Massachusetts there is but one form of execution, which includes a capias ad satisfaciendum, a levari facias, and an extendi facias.1 With the exception of the New England states, the forms of execution against goods, chattels, and lands are the fieri facias, venditioni exponas, the levari facias, and the elegit; against the body, the capias ad satisfaciendum and the attachment; for the recovery of specific things, the habere facias seisanam, the habere facias possessionem, the retorno habendo, and the distringas, which will be treated of in their order. The most common of all writs is the fieri facias, which, for the sake of brevity, will be termed a fi. fa., the words of the writ in ancient times being fieri facias de bonis et cattallis, &c., that you cause to be made of the goods and chattels. The foundation of all writs of final process is a Ladd v. Blunt, 4 Mass. 402. Davis V. Richmond, ΙΔ Mass. Lyman v. Lyman, 11 Mass. 317. 473. judgment; there can be no legal and valid execution unless there is a judgment rendered, in the action between the parties whose names are mentioned or recited in the execution, in favor of either the plaintiff or defendant. The foundation of the writ of fi. fa. is a judgment for debt and damages. Any party who recovers such a judgment is entitled to it unless delayed by stay of execution, which, in certain cases, is allowable by law after the rendition of a judgment by agreement of the parties, or by proceedings in error or appeal. § 55. An execution, being founded on a legal judgment, must follow the judgment, and be warranted by it, and this depends on its nature and form, and must conform to it in every respect as to the amount of the judgment and character of the parties, or it is void. They must intelligibly refer to the judgment, stating the name of the court from which it issues, the name of the county wherein the judgment was rendered, the names of the parties, except in United States courts. which recite the district of the state, the amount of the judgment, if it is for money the amount due thereon, and the time of the rendition of such judgment. It is not essential that the utmost possible strictness should be observed in reciting the judgment, if the substance is preserved. It is generally Rider v. Alexander, 1 Chip. Kneib v. Graves, 72 Penn. 104. 143. Davis v. Robinson, 10 Cal. 411. 274. Bain v. Chrisman, 27 Mo. 293. High- S. 97. tower v. Handlin, 27 Ark. 20. Reese bee L. v. Burts, 39 Geo. 565. Wilson v. 4 Scott, N. R. 678. Reuter, 29 Ioa. 176. Crittenden v. 2 Gale & D. 513. Leitensaorfer, 35 Mo. 239. 3 Marsh. 522. How. 58. 4 2 Commonwealth v. Fisher, 2 J. J. Marsh. 137. Washington v. Irving, 3 Graham v. Price, 3 Marsh. 522. Mart. & Y. 45. Palmer v. Palmer, Sears v. Burnham, 17 N. Y. 445. 2 Conn. 462. Butler v. Haynes, 3 Webber v. Hutchins, Dowl. N. S. N. H. 21. Douglass v. Whiting, 28 95. McMahan v. Coldclough, 2 Ill. 362. Webber v. Hutchins, I Ala. 68. Pierce v. Crane, 4 How. Dowl. N. S. 91. Gerard v. Gerard, P. 257. Stephens v. Browning, I Comb. 352. Weddall v. Jocar, 10 Code Rep. 123. Erwin v. Dundas, Mod. 270. Roet v. Gravesend, 7 4 How. 58. Johnson v. Adair, 3 C. B. 777. Wirt v. Hazen, 24 Vt. Bibb, 34. issued in the name of the people, sealed with the seal of the court, and directed to the sheriff, coroner, or constable, as the case may be; and where there are legal tenders and coin in circulation, as in California, they state the kind of currency in which the judgment is payable. The rule that a remedy for breach of a contract is to be governed by the lex fori, without regard to the lex loci contractus, is applicable to the form of an execution to be issued on a judgment recovered.1 § 56. If there is more than one plaintiff or defendant, it must be in the name of all the plaintiffs against all the defendants, if living; and in case of the death of one of two joint plaintiffs after judgment rendered, and there is no entry of his death, it should issue in the name of both;2 or if one of the defendants die, it must run against them all, but can only be executed against the survivor or survivors; and in cases where the death of one of the defendants is suggested, the execution will be issued against those living. When it is against an executor or administrator for a liability of the testator or intestate, it must conform to the judgment, and be only against the goods and chattels, or other property of the deceased, unless the defendant has made himself personally liable by his own false pleading, or by waste; in which case the judgment is de bonis testatoris si, et si non, de bonis propriis, and the fi. fa. must conform to it. If against a married woman, it shall direct the levy and amount of the judgment against her, from her separate property, and not otherwise. If it be against the property of the judgment debtor, it shall require the officer to satisfy the judgment out of the personal property of such debtor, and if such debtor has not sufficient personal property 1 Woodbridge v. Wright, 3 Conn. R. 433. McCormick v. Mason, I S. & R. 92. McCullough v. Tidwell, I Brev. 479. 523. 2 Stewart v. Cunningham, 22 Ala. 626. Holmes v.McIndoe, 20 Wis.657. 3 Erwin v. Dundas, 4 How. 58. Johnson v. Adair, 3 Bibb, 334. Howe v. Spivey, 44 Ga. 616. Swearingen v. Pendleton, 4 S. & R. 394. Todd v. Todd's Ex'rs., 1 S. & 5 Wright v. Watson, 30 Ga. 648. Marsh v. Potter, 30 Barb. 506. Moncrief v. Ward, 25 How. Pr. 94. Charles v. Lowenstein, 26 How. Pr. 29. Baldwin v. Kimmell, 16 Abb. Pr. 353. out of which to satisfy the judgment, or if it cannot be found, then to satisfy it out of the real estate belonging to said debtor on the day from which said judgment dates, whether of the day of its rendition, the first day of the term at which rendered, according to the time when by law such judgment became a lien on such debtor's property, or at any time thereafter. If it be against the real or personal property in the hands of executors, administrators, or other personal representatives, heirs, devisees, legatees, or tenants of real property, or trustees, it shall require the judgment to be satisfied out of such property. If against the person of the judgment debtor, it shall command and require the officer to arrest such debtor, and commit him to the jail of the county, and him safely keep until he pays the judgment, or is discharged according to law. The requirements are the mandatory part of the writ. It must be signed by the clerk or prothonotary of the court from whence it issues, and be sealed with the seal of the court. An execution from a court having and using a seal is void in many states,1 but the want of a seal may be supplied on motion to amend ; but if sealed, though not signed, it is valid. It should be dated on the day of its issue by the clerk or proper officer. Every execution has, in judgment of law, relation to the judgment. In New York, they need not be under seal, nor tested in the name of the chief justice of the court from which they issue, nor signed with the name of the clerk thereof; but they must be subscribed by the party issuing them, or by his attorney, and be directed to the sheriff of the county to which they are delivered, or to the coroner if the sheriff is an interested party. If the execution is in favor of an assignee of the judgment plaintiffs, it must state that he is assignee, and of whom.6 When the judgment is joint, the process to enforce its payment must also be joint. While this may be more technical than substantial, the court out of 1 Beal v. King, 6 Ohio, 11. 2 Arnold v. Nye, 23 Mich. 286. Mollison v. Eaton, 16 Minn. 426. Brown v. Parker, 15 ill. 307. Lillington's Case, 7 Coke, 33. • Pemberton v. Searce, Hardin, 3. |