A Lawsuit in Mexico two-thirds of the appraised valuation of the attached properties. Let it be notified. Decreed and signed by the Citizen Second Judge of First Instance, in accordance with article 1411 of the Code
623
shall have the right to intervene in the
sale, and take any steps appropriate to protect their interests, and can appeal from the decree approving the sale.
We
The judge shall decide all such claims
all
summarily and upon his responsibility.
The publication of the decree of sale, nearly two newspaper columns in length,
appraisers, and any plans there may be
of the property on sale, shall be exposed
proceeded once a week for three weeks,
to view.
that being the period of issuance of the
their bids and shall be furnished with
of Commerce.
December 15, 1908.
attest. [Followed parties]
by
signatures
of
During the sale the report of the
Bidders shall be free to make
It
all such information which they may
will be noticed that the day certain for
ask and which is to be found in the
the sale is not named, it being indicated
record. All bids must be in writing, and shall state the name, age, legal capacity,
two papers named in the decree.
merely as “the ninth lawful day after” the last publication. In Mexico the whole newspaper containing legal ad
status, profession and domicile of the bidder, and the same details in respect
vertisements is added bodily to the files and sewed into the record; this is no doubt the “best evidence" of the
to his surety; the amount which he offers for the estate, specifying how much will be paid in cash, and the
fact of publication, rather than our
time which he wishes for deferred payments, and rate of interest he is willing to pay; and he shall expressly
"affidavit of the publisher” with a clip ping of the advertisement attached. The record recites the receipt and in
declare his submission to the jurisdic
sertion therein on January 5, 1909, of these newspapers containing the ad
tion of the court so that the contract may be enforced against him. The bids must be guaranteed by a surety,
vertisements of sale; and that on the same day the judge designated the
13th day of January as the date for
unless the ofler is all in cash, in which event the sum is to be deposited with
the sale, notice of which was given to
the judge.
all parties, and they signed. A brief résumé may here be made of the chapter of the Code of Civil Pro cedure governing the execution sale of real property; it being remarked
bid must be signed before an ofiicial
that sales of personal
property are
always held at the local Monte de Piedad, or oflicial pawn shop maintained nearly everywhere. The chapter De la: Remotes, or concerning execution sales, provides that they shall be held in the office of the court, and must be
accompanied by the certificate in regard to incumbrances for the preceding twenty years, and that all creditors appearing in such certificate must be cited to attend the sale. Such creditors
The paper containing the
corredor, or broker, and the surety guarantees the bid and all raises which
the bidder may make. If the execution creditor wishes to become a bidder, he need only bid an amount in excess of
his judgment debt. One person cannot make a bid for another, except under
formal power of attorney. No bid shall be legal which does not equal at least
two thirds of the valuation fixed by the appraisers. On the day of the sale, at the hour named, the judge will
personally pass a list of the bidders presented, and shall grant half an hour for new bidders to offer, at the expira tion of which time the sale shall proceed
