Civil Process Act 1839
3By Sheriff's sale all a defendant's right and interest to pass
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3 By Sheriff's sale all a defendant's right and interest to pass
[Section 3 Amended by 25 Geo. V No. 78 ]
(1) *[Section 3 Subsection (1) amended by No. 19 of 1980, s. 171 and Sched. 1, Pt. 1 ]*Subject to this section, in every case of sale of any property so attached or taken in execution by the Sheriff under any writ of fieri facias, it shall be sufficient for such Sheriff or his deputy to put up for sale, and to sell and dispose of all the right, title, and interest of the party against whom such writ issued in and to such property, and the assignment by such Sheriff of such right, title, and interest to the purchaser thereof at such sale by writing under his hand in a short form of words, attested by one witness, reciting the issue of such writ of fieri facias, and stating the time and place of such sale and that the same was in pursuance of such writ, shall have the effect of immediately and absolutely vesting in such purchaser all such right, title, and interest from the time when the property was taken in execution, as fully and effectually to all intents and purposes as the same then were vested in such party, and such purchaser shall have and exercise thereafter in his own name and to his own use the same means of enforcing such right and interest and of recovering and possessing the property to which the same shall relate, together with every title-deed, conveyance, document, power, matter, right, or thing incident thereto, as such party himself at the time of such taking in execution might have had and exercised in case no such writ had issued.
(2) Where any such assignment relates to real estate, the same shall be registered in like manner as is provided with respect to deeds and conveyances by other persons affecting real property.
(3) *[Section 3 Subsection (3) inserted by No. 19 of 1980, s. 171 and Sched. 1, Pt. 1 ]*Where land sold is under the Land Titles Act 1980 , the legal estate in the land does not pass to the purchaser by virtue of an assignment under this section, but on the registration of a transfer under section 61 of that Act .