Whenever a United States marshal dies, is removed from office, or the term of his commission expires, after levying on realty or any interest therein under a writ of execution issued by a court of the United States, and before sale or other final disposition thereof, like process shall issue to the succeeding marshal and the same proceedings shall be had as if such contingency had not occurred.
Whenever any such contingency arises after a marshal has sold any realty or interest therein and before a deed is executed, the court may, on application by the purchaser, or the plaintiff in whose action the sale was made, setting forth the facts of the case and the reason why the title was not perfected by such marshal, order the succeeding marshal to perfect the title and execute a deed to the purchaser, upon payment of the purchase money and unpaid costs.
June 25, 1948, ch. 646 62 Stat. 959 May 24, 1949, ch. 139, § 101 63 Stat. 104 (, ; , .)
Historical and Revision Notes
Act1948
Based on title 28, U.S.C., 1940 ed., § 850 (R.S. § 994).
Word “realty” was substituted for “lands, tenements, or hereditaments” in two places, the two terms being synonymous. (See Black’s Law Dictionary, 3d Ed., p. 1969.)
Word “action” was substituted for “suit”, in view of Rule 2 of the Federal Rules of Civil Procedure, prescribing but one form of action.
Changes were made in phraseology.
Act1949
section 2003 of title 28This section corrects a typographical error in , U.S.C.
Editorial Notes
Amendments
1949—Act , corrected spelling of “realty” in first par.