Latham v. Blake

I dissent. The facts of this case are fully stated in the opinion of the department. It was there held, upon the authority of Dore v. Dougherty, 72 Cal. 232, that the sale of the judgment against Blake to Osborn, under the execution against Latham, did not “ operate as an assignment so as to vest in Osborn such right or title to the judgment as to entitle him to enforce it”; and such being the fact, the order of the court below should be affirmed.

In the consideration of the ease, other questions raised *648by the appellant were overlooked, it being assumed that the invalidity of the sale to…