§ 2003. — Marshal's incapacity after levy on or sale of realty.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2003]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 127--EXECUTIONS AND JUDICIAL SALES
Sec. 2003. Marshal's incapacity after levy on or sale of realty
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, Sec. 101,
63 Stat. 104.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Sec. 850 (R.S. Sec. 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.
1949 Act
This section corrects a typographical error in section 2003 of title
28, U.S.C.
Amendments
1949--Act May 24, 1949, corrected spelling of ``realty'' in first
par.
