We by no means venture to assert that declarations may not be found the effect of which is to declare the compulsory and exclusive theory of subrogation in eases of this kind; but we deem it noticeable that many of the authorities cited to support that view contain a recognition to the contrary, express or implied. (See Ketchum v. Crippen, 37 Cal. 223; Boggs v. Fowler & Hargrave, supra; Freeman on Executions, sec. 352; Freeman on Void Judicial Sales, sec. 49; 3 Jones on Mortgages, secs. 1678-1681.) The matter has, however, been settled by the explicit provisions of our statute (Rev. Codes, sec. 6844). In terms this section is addressed to sales under execution, but the reasoning in Hamilton v. Hamilton, 51 Mont. 509, 154 Pac. 717, and other cases (Harlan v. Smith, 6 Cal. 173; Stout v. Macy, 22 Cal. 647) commands its application to sales under foreclosure. Here we have a sale void as to the Hamilton interest for want of valid authority — which presents a case of “irregularity in the proceedings concerning the sale,” so as to bring the statute to bear (Elling v. Harrington, 17 Mont. 322, 42 Pac. 851; Merguire v. O’Donnell, 139 Cal. 6, 96 Am. St. Rep. 91, 72 Pac. 337), while the constructive eviction necessary to authorize recourse against the judgment creditor is sufficiently alleged (Elling v. Harrington, supra).