Statutes, codes, and regulations
Hawaii Revised Statutes
Division 4 - COURTS AND JUDICIAL PROCEEDINGSTitle 36 - CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGSChapter 651 - ATTACHMENT AND EXECUTION
Part II - EXECUTION
Section 651-49 - Only defendant's interest sold

Haw. Rev. Stat. § 651-49

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Current through Act 47 of the 2024 Legislative Session
Section 651-49 - Only defendant's interest sold

No sale by execution shall operate to convey a greater estate or interest in the property sold, than the defendant in execution had at the time of sale; and all such sales of property not belonging to the defendant shall subject the officer to the private action of the purchaser, being afterwards deprived thereof by the real owner.

HRS § 651-49

CC 1859, §1027; RL 1925, §2451; RL 1935, §4152; RL 1945, §10179; RL 1955, § 233-48; HRS § 651-49

Liability of plaintiff in execution when sheriff sells more than the defendant's share. 2 H. 178. Sheriff's deed conveys only interest of judgment debtor at time of sale.9 H. 27; 29 H. 364. This section is in pari materia with § 634-29, and a mortgage made subsequent to attachment is void as against attaching creditor.51 Haw. 164,454 P.2d 116.