Moore v. Martin
California Supreme Court
Appeal from .the District Court of the Third District, Santa Clara County. The plaintiff appealed. This was an action of ejectment for an undivided half of a tract of land in the City of San José. Down to a certain point both parties claimed title through the same channel. At that point the title was in John M. Murphy and Martin Cloud, each holding an undivided half.
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Appeal from .the District Court of the Third District, Santa Clara County. The plaintiff appealed. This was an action of ejectment for an undivided half of a tract of land in the City of San José. Down to a certain point both parties claimed title through the same channel. At that point the title was in John M. Murphy and Martin Cloud, each holding an undivided half. The plaintiff claimed to have acquired Murphy’s interest by deed dated March 29,1867. It was admitted that the defendant had acquired Cloud’s interest, but he claimed Murphy’s also, under a judicial sale, and, in support of his…
1Opinion of the CourtSanderson, J.
Neither the papers nor the proceedings in the case of Peter Quivey v. John M. Murphy were prepared or conducted according to the most approved forms, it must be admitted; but we are of the opinion, nevertheless, that the judgment is at least valid as against a collateral attack. And this is so, whether the record, which is to be consulted for the purpose of determining that question (under the Code of 1850, which was then in force,) be held to consist only of the judgment, or to include, also, the other papers,which, under the statute now in force, make a part of the judgment roll. If the -…
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