HRS §651-49
Execution sales only transfer the defendant's interest
When property is sold to satisfy a court judgment, the buyer only gets the interest the defendant actually had at the time of sale. If the property did not belong to the defendant, the officer who sold it can be sued by the buyer if the real owner later takes it back.
buyerscourtsdebtors
The statute, as written — 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]
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