Reeve v. Kennedy
California Supreme Court
Appeal from the District Court of the Third Judicial District, Santa Clara County. The complaint averred that the plaintiff" owned a tract of land containing eight acres; that he purchased it of C. F. M. Dinnicke, on the 6th day of February, 1868; that prior to said sixth day of February, and while said Dinnicke owned the land, there was assessed to said Dinnicke a tax on said land and personal property, as State and county tax, sixty-eight dollars and fifty-one cents—of…
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Appeal from the District Court of the Third Judicial District, Santa Clara County. The complaint averred that the plaintiff" owned a tract of land containing eight acres; that he purchased it of C. F. M. Dinnicke, on the 6th day of February, 1868; that prior to said sixth day of February, and while said Dinnicke owned the land, there was assessed to said Dinnicke a tax on said land and personal property, as State and county tax, sixty-eight dollars and fifty-one cents—of which sum, sixty-two dollars and forty cents were levied on the land; that on the 3d day of January, 1868, an action was…
1Opinion of the Court
By the Court,
Crockett, J.:
It is not averred in the complaint that the defendant Kennedy had any actual notice of the extrinsic facts relied upon, to impeach the judgment on which the execution issued', under which he purchased the property in controversy.. He is, therefore, to be deemed a purchaser without notice of these facts. The plaintiff assails the judgment, and claims that it is void on two grounds, viz: First, by reason of facts appearing on the face of the record which, it is alleged, show *650that the Court had no jurisdiction to render the judgment; second, because there was in fact no…
2Cases cited3 opinions
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- In re Estate of EichhoffCalifornia Supreme Court · 1894
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- Page v. W. W. Chase Co.California Supreme Court · 1904
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