Part VI MISCELLANEOUS AND SUPPLEMENTARY
Miscellaneous provisions
138B Protection of officer selling goods under execution.
1
Where any goods in the possession of an execution debtor at the time of seizure by a sheriff or other officer charged with the enforcement of a writ of execution issued from the High Court are sold by the sheriff or other officer without any claims having been made to them—
a
the purchaser of the goods so sold shall acquire a good title to those goods; and
b
no person shall be entitled to recover against the sheriff or other officer, or anyone lawfully acting under his authority, for any sale of the goods or for paying over the proceeds prior to the receipt of a claim to the goods,
unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable enquiry have ascertained, that the goods were not the property of the execution debtor.
2
Nothing in this section shall affect the right of any lawful claimant (that is to say, any person who proves that at the time of sale he had a title to any goods so seized and sold) to any remedy to which he may be entitled against any person other than the sheriff or other officer.
3
The provisions of this section have effect subject to those of sections 183, 184 and 346 of the Insolvency Act M11986.