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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]
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.