Title 28 — Judiciary and Judicial Procedure
Part V · Chapter 127 — Executions and Judicial Sales
§ 2003. Marshal’s incapacity after levy on or sale of realty
Statutory text
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 2003
June 25, 1948, ch. 646, 62 Stat. 959
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 959
0 of 1 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
1948 Act
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.
1949 Act
This section corrects a typographical error in section 2003 of title 28, U.S.C.
Editorial Notes
Amendments
1949—Act , corrected spelling of “realty” in first par.
Credits
1948–1949 · 2 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 959
- 1949May 24, 1949, ch. 139, § 101, 63 Stat. 104.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 959; May 24, 1949, ch. 139, § 101, 63 Stat. 104.)