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

Case Notes

  Liability of plaintiff in execution when sheriff sells more than the defendant's share.  2 H. 178 (1859).

  Sheriff's deed conveys only interest of judgment debtor at time of sale.  9 H. 27 (1893); 29 H. 364 (1926).

  This section is in pari materia with §634-29, and a mortgage made subsequent to attachment is void as against attaching creditor.  51 H. 164, 454 P.2d 116 (1969).