Van Bogaert v. Avery

In the continuing warfare between creditor and debtor this latest battle might be entitled the Case of the Botched-Up Execution Sale.

In 1959 the creditors, the Averys, obtained judgment against the debtors, Everett and Lucille Van Bogaert, for $7,800. Unable to collect their judgment, the Averys sought to reach the excess value of the Van Bogaerts’ homestead on Mary Ellen Avenue by levy of execution on the homestead and petition for court order of sale. (Civ. Code. §§ 1245-1256.) After appraisers had fixed the value of the homestead at $25,000, the superior court in July 1960 ordered the…