plaintiff, and waives and releases all errors in this proceeding, and all right to prosecute a petition in error upon such judgment and proceeding. JUDGMENT BY CONFESSION. This day came the plaintiff by plaintiff's attorney, and files its petition against said defendant, and thereupon, one of the attorneys of record in this court, also appeared in open court for and on behalf of said defendant, and who, by virtue of a warrant of attorney for that purpose, duly executed and acknowledged as required by law, now produced in open court, waives the issuing and service of process, and enters the appearance of said defendant, herein, and by virtue of the same warrant of attorney, confesses there is due from said defendant to said plaintiff, as is alleged in plaintiff's petition, the sum of $- -, bearing interest at annually until paid, and that said plaintiff ought to recover of said defendant, judgment for cent. per annum, payable that sum. It is therefore considered by the court that said tiff, do recover from said $ of 19, at the rate of per plain defendant, said sum of so as aforesaid confessed to be due, together with costs of suit herein, to be taken, with interest, from the day per cent. per annum, annually until paid, and by virtue of said warrant of attorney, all errors in this proceeding are released, and all rights to prosecute a petition in error from such judgment and proceeding are hereby waived. payable Done in open court this day of Judge of said Couri. 19-. CHAPTER VI. THE LAW AND PROCEDURE BY WHICH REAL ESTATE IS SOLD UNDER LEVY OF AN EXECUTION. 136. The judgment becomes dormant, when. 137. The command of the execution. 138. The priority in case of several levies-The officer must indorse on the writ the date he received it. 139. If no goods, to levy on real estate. 140. The officer may require bond be fore levying on goods claimed by third party. 141. When the officer may take a bond and leave the goods in the possession of the defendant. 142. The notice of sale-Inventory -Goods taken on execution. 143. Property insufficient-Further levy-Indorsement by officer. 144. The appraisement under the levy-Qualifications of the appraisers View of the premises. 145. The appraisement must be made on actual view. 146. The return of the appraisers conclusive and cannot be set aside except for fraud or other proper grounds. SECTION 147. Parol evidence may be introduced to show mistake in appraisement-Appraisement set aside, when. 148. The sale may be made without appraisement, when. 149. The return of the appraisement. 150. The land cannot be sold for less than two-thirds of the appraised value-Exceptions as to claims due State. 151. The property of certain officers sold without appraisement. 152. The legal notice of sale under the execution. 153. The sheriff's return of his proceedings under the writ. 154. Confirmation and approval by the court of sheriff's sale of real estate. 155. When objection to the confirmation of sale should be made. 156. The irregularities that are and are not corrected by the confirmation-The procedure. 157. The sheriff's deed to the purchaser. 158. Printer's fee to be advanced, when-Officer must demand same, when. 159. Where sale must take placeOfficer or appraiser may not purchase-Persons in trust relations may not bid at their own sales. 160. Alias execution. SECTION 161. Procedure where several execu tions are issued-Creditors may direct several levies. 162. When one other than the officer making the sale may execute the deed. 163. The remainder of the proceeds of sale to be returned to defendant. 164. The reversal of the judgment does not defeat title of the purchaser. 165. When the lien expires in case no execution issues-The lien when mandate issues from the Supreme Court-When property may be reappraised and sold. 166. The writ of execution to be returned in sixty days. 167. Fee of appraisers-Penalty for failure to appear. 168. When execution may issue to sheriff of another county. 169. The officer may mail execution to another county. 170. Money collected by execution in another county may not be returned by mail. 171. Sureties of sheriff may be made parties to the judgment -Property of officer to be first exhausted. 172. Officer on amercement may collect original judgment, when. 173. When contribution may be required. 174. Equitable interest in lands sub ject to levy-Stocks-Choses in action. 175. Pleading, practice and proce dure the same in the county court as in the district court. 176. When the judgment becomes a lien on the real estate. 177. Execution to conform to judgment-Special cases. 178. Judgment of justice of the peace, how docketed by clerk of district court. SECTION 179. Judgment of a justice of the peace becomes a lien on the real estate, when. 180. Execution thereon may be issued by the clerk of the district court. 181. Justice to certify costs. 182. Judgment may be revived, when. 183. The procedure by which real estate is levied upon and sold under judgment in a civil action-The petition in the action. 184. The praecipe for summons. 185. The summons in the action. 186. The sheriff's return. 187. Motion for appointment of guardian ad litem to defend for insane defendant. 188. The affidavit in proof of insanity. 189. The order of court appointing a guardian ad litem to defend for insane defendant. 190. The answer of guardian ad litem for insane defendant. 191. The judgment of the court in the action. 192. The execution. 193. The sheriff's return of his pro ceedings under the execution. 194. The appraisement by the sheriff of real estate under levy of execution-The oath of the appraisers-The appraisement. 195. Sheriff's publication of notice of sale of real estate under the levy and execution. 196. The proof of publication of sheriff's notice of sale of real estate. 197. The order of the court approving and confirming the sale of real estate under the execution. 198. Sheriff's deed where real estate is sold under the ordinary writ of execution. SECTION 199. Procedure where real estate is sold under a venditioni exponas-The sheriff's return. 200. The praecipe for the venditioni exponas. 201. The order of sale directed from the clerk to the sheriff-The venditioni exponas. 202. The appointment of appraisers under a venditioni exponasThe oath of appraisers-The appraisement. 203. The legal notice by the sheriff under a venditioni exponas. 204. Proof of publication of sale by sheriff under a venditioni ex ponas. 205. The sheriff's return of the ven ditioni exponas. 206. The procedure for sale of levy made under foreign execution -The petition asking for the mashaling of liens and sale of real estate. 207. The answer and cross-petition of defendant setting up a life estate in the premises levied upon. SECTION 208. The answer of a judgment debtor containing a general denial. 209. The answer and cross-petition of a lienholder setting up a mortgage. 210. The judgment of the court finding the issues in favor of the plaintiff and decreeing and ordering sale of the real estate. 211. The appointment of appraisers -The oath of the appraisers -The appraisement. 212. The sheriff's legal notice of sale of real estate under une order of sale. 213. The proof of publication of sheriff's notice of sale of real estate. 214. The sheriff's return of his proceedings under the order of sale. 215. The confirmation of the sale and order for deed and distribution of the proceeds of sale. 216. The sheriff's deed to the purchaser. Sec. 131. General statement. The law of this subject is controlled and regulated largely by statute. The law of the subject of sales of real estate by execution was taken originally from the statute of Ohio. Both Kansas and Nebraska have the old statutes of Ohio on the subject. Both States, however, have avoided many of the defects of the older statutes by enacting new and better laws on the subject. Our State has in force the Ohio statute on the subject. The decisions of the Supreme Courts of Kansas, Nebraska and Ohio, so far as necessary to construe the statutes of our State, will be found in the text. The arrangement of the topics in this chapter is as made by the Legislature of the State. The arrangement could be made. more analytical and logical, but it was deemed best to follow the plan of the statutes on the subject, and, as the laws regulating levies in execution on personal property and real property are interwoven, the law on both subjects will be set forth in this chapter. Sec. 132. The praecipe for an execution. Most clerks of the courts have blank forms for praecipe which can be filled out by the attorney. But no particular form need be followed. It should request the clerk to issue an execution on the judgment, directed to the sheriff according to law. Sec. 133. The execution-Nature and kinds thereof. Executions shall be deemed process of the court, and shall be issued by the clerk and directed to the sheriff of the county; they may be directed to different counties at the same time. Executions are of four kinds: 1. Against the property of the judgment debtor. 2. Against his person. 3. For the delivery of the possession of real or personal property, with damages for holding same, and costs. 4. Executions in special cases. An execution has been defined to be a command or precept to the sheriff or a ministerial officer, directing him to execute the judgment of the court. It is the command of the court addressed to the ministerial officer, in writing, under the seal of the court, containing with more certainty the command of the court, and expressed with more solemnity than if uttered verbally by the court. It is, nevertheless, a command of the court to the officer to proceed and execute the judgment of the court.1 1 Kelly v. Vincent, 8 O. S. 420; Lessee of Darby v. Carson, 9 Ohio, 149. An actual delivery to the sheriff is not necessary. But it must be actual or constructive delivery to him. If within a time limit, it may be given in a letter properly directed and mailed to the sheriff. It may be delivered by the clerk to the plaintiff or his attorney, to be delivered to the sheriff. Kelly v. Vincent, 8 0. S. |