pursuance of the statutes in such case made and provided, for and in consideration of the said sum of dollars, to him in hand. paid by C. D., party of the second part, receipt of which is hereby acknowledged, hath granted, bargained, sold, conveyed, and confirmed, and by these presents doth grant, bargain, sell, convey, and confirm, unto the said party of the second part, his heirs and assigns, all the estate, right, title, and interest which the said G. II. had, on the day of 19-, or at any time thereafter, or now has, of, in, and to the following described real estate and premises, situated in the county of — —, and state of Oklahoma, to wit: (Describing same), together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining.

To have and to hold the said premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, forever, as fully and absolutely as he, the sheriff aforesaid, can, may, or ought to by virtue of the said writ, and of the statutes in such cases made and provided, grant, bargain, sell, release, convey, and confirm the same.

In witness whereof, said party of the first part, as sheriff of county, aforesaid, has hereunto set his hand and seal the day and year first above written.

State of Oklahoma,

SS.:

Sheriff of

County,

State of Oklahoma.

County of Before me, day of 19, personally appeared A. B., sheriff of county, state of Oklahoma, to me known to be the identical person described in and who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed as such sheriff, for the uses and purposes therein set forth.

in and for said county and state, on this

In witness whereof I have hereunto set my hand and official seal the day and year last above written.

The purchaser at a sheriff's sale is not ordinarily entitled to the possession of the premises, as a matter of right, until the deed is executed in conformity with the order of confirmation."

A writ of assistance should not be issued to put in possession a purchaser at an ordinary execution sale under a general judgment.94

§ 1649. Corporate stock

"Every purchaser of rights or shares of stock in any corporation or company at any sale thereof made by any officer upon receiving a certificate of such sale as provided in the last section, shall be deemed and held to be the legal and equitable owner of such rights or shares of stock and he shall be and become entitled to all dividends thereon and to the same rights and privileges, as a member of such corporation or company, as the defendant in such attachment, execution or order of sale was theretofore entitled to, notwithstanding such rights and shares of stock may not have been transferred upon the books of such company."

1995

"It shall be the duty of every officer who shall sell any rights or shares of stock in any corporation or company" which has been levied upon and sold by virtue of a writ of attachment, execution or order-of sale, "to execute to the purchaser thereof, a certificate in writing reciting the sale and payment of the consideration and conveying to the purchaser such rights and shares; and such of ficer shall also leave with the president, secretary, cashier or chief clerk, or if there be none, with any other officer of such corporation or company, a true copy of such certificate; and thereupon it shall be the duty of the officer, clerk or other person having charge of the books of such corporation or company to make such entries in the books of such company as may be necessary to vest the legal and equitable title to such rights or shares of stock in the purchaser of same, and to transfer such shares on the books of the company to the purchaser thereof." 96

93 Robinson v. Hall, 5 P. 763, 33 Kan. 139.

94 Lundstrom v. Branson, 139 P. 1172, 92 Kan. 78, 52 L. R. A. (N. S.) 697. 95 Sess. Laws 1919, c. 89, § 6.

Sess. Laws 1919, c. 89, § 5.

§ 1650. Corporate franchise-Form of certificate of purchase "The sale of any franchise under execution must be made in the county in which the corporation has its principal place of business, or in which the property or some portion thereof, upon which the taxes are paid, is situated." "7

"The purchaser at the sale must receive a certificate of purchase of the franchise, and be immediately let into the possession of all property necessary for the exercise of the powers and the receipt of the proceeds thereof, and must thereafter conduct the business of such corporation, with all its powers and privileges, and subject to all its liabilities, until the redemption of the same as hereinafter provided." 98

"The purchaser or his assignee is entitled to recover any penalties imposed by law and recoverable by the corporation for an injury to the franchise or property thereof, or for any damages or other cause, occurring during the time he holds the same, and may use the name of the corporation for the purpose of any action necessary to recover the same. A recovery for damages or any penalties thus had is a bar to any subsequent action by or on behalf of the corporation for the same." 99

"The corporation whose franchise is sold as in this article provided, in all other respects retains the same powers, is bound to the discharge of the same duties, and is liable to the same penalties and forfeitures as before such sale." 1

CERTIFICATE OF PURCHASE OF CORPORATE FRANCHISE AT EXECUTION

SALE

county, state of Okla

Whereas, by virtue of a writ of execution issued out of and under the seal of the district court of homa, on the sum of $

and $

day of —, 19—, upon a judgment for the costs, recovered in said court on the day of 19-, by A. B. against the C. D. Street Railway Company, in case No. -; said writ being directed and delivered to the sheriff of said county, commanding him that of the personal property of the said judgment debtor in his county, he should cause to be made certain moneys in the said writ specified,

97 Rev. Laws 1910, § 1358.

98 Rev. Laws 1910, § 1354.

9. Rev. Laws 1910, § 1355.

1 Rev. Laws 1910, § 1356.

and if sufficient personal property of the said judgment debtor, C. D. Street Railway Company, could not be found, then he should cause the amount of said judgment, with costs, to be made of the real property in said county belonging to said judgment debtor, not exempt from execution;

And whereas, the said sheriff did, on the

day of 19—, in obedience to said command, levy on, take, and seize all the right, title, and interest which the said judgment debtor so had, in and to the franchise and rights and privileges thereof hereinafter particularly set forth and described;

And whereas, said sheriff thereupon advertised said property for sale by giving due and legal notice of the time and place of sale, and the property to be sold, by advertising the same in the a newspaper of general circulation, printed and published in said county once a week for at least thirty days prior to the day of sale, which was the day of - 19, and by posting an advertisement of said sale at the courthouse door, and at five other public places in the county, two of which were in the township where said property is situated:

Now, therefore, I hereby certify that on the said

day of

19, pursuant to said notice of sale, I did offer the franchise of the said C. D. Street Railway Company granted to it by the city of (fully describing same), together with all the rights and privileges thereof, including the right of possession of all property necessary for the exercise of the powers of said franchise, and the right to conduct the business of such corporation, with all its powers and privileges, unless and until redemption thereof is made as required by law, for sale at public auction, at the front door of the courthouse in the city of in said county of at which sale, the said property was sold and struck off to X. Y., for the sum of $ the said X. Y. being the highest bidder, and that being the highest sum bid, and the whole price paid for the same.

Dated this

at the hour of

day of

(Copy of certificate of sale should be attached to the return of the execution.)

(1560)

"The corporation may at any time within one year after such sale redeem the franchise by paying or tendering to the purchaser thereof the sum paid therefor, with twelve per cent. interest thereon, but without any allowance for the roll which he may in the meantime have received; and upon such payment or tender the. franchise and all the rights and privileges thereof revert and belong to the corporation, as if no such sale had been made." 2

§ 1652. Irregularities

Mere irregularities in conduct of sheriff's sale of realty, such as omission to cause appraisement, if required, or to name hour in notice of sale, afford no basis for an attack on deed after decree of confirmation not appealed from.3

A sheriff's deed of realty made under a valid order of sale, and a void execution is not a nullity, and after decree of confirmation has become final, the purchaser's title cannot be attacked because, of invalidity of execution.*

Mere irregularities in the method of appraisement, and other steps preliminary to an execution sale, do not render the sale void.

5

A sale of personal property on execution issued on a void judgment confers no title on the purchaser."

A sheriff's sale under authority of an execution issued out of the district court to the sheriff of another county on a transcript of a judgment of the county court, prior to the adoption of Rev. Laws of 1910, was a nullity, and merely clouded the title without conveying same."

The purchaser at an execution sale cannot be heard to complain that the notice of such sale was defective.R

The sale of attached property under an order of sale issued after final judgment in attachment proceedings, without any appraisement having been made under said order of sale, but for more than two-thirds of the actual value thereof, and for more than two-thirds

2 Rev. Laws 1910, § 1357.

8 Catlin v. William Deering & Co., 102 Kan. 256, 170 P. 396.

4 Catlin v. William Deering & Co., 102 Kan. 256, 170 P. 396.

5 Trowbridge v. Cunningham, 66 P. 1015, 63 Kan. 847.

6 Schott v. Linscott, 103 P. 997, 80 Kan. 536.

7 Garnett v. Goldman, 39 Okl. 516, 135 P. 410.

8 Walker v. Braden, 9 P. 613, 34 Kan. 660.