Legal Opinion

Wheeler v. Hays

California Supreme Court

Decided October 15, 1853PublishedCited by 2 opinions

Appeal from the Fourth Judicial District. The complaint in this case set forth that Charles Brown and Robert T. Ridley, on the 17th March, 1851, became endorsers of a promissory note for $1275, made by E. D. Smith in favor of W. G. Taylor, payable thirty days after date, upon which, on the 23d April, 1851, suit was brought by Taylor against the said drawer and endorsers, and judgment obtained against the said Brown and Ridley, July 2d, 1851, for $1472 37 and costs.

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Appeal from the Fourth Judicial District. The complaint in this case set forth that Charles Brown and Robert T. Ridley, on the 17th March, 1851, became endorsers of a promissory note for $1275, made by E. D. Smith in favor of W. G. Taylor, payable thirty days after date, upon which, on the 23d April, 1851, suit was brought by Taylor against the said drawer and endorsers, and judgment obtained against the said Brown and Ridley, July 2d, 1851, for $1472 37 and costs. That an execution issued thereon to defendant, as sheriff, on the 21st July, who lived on a certain tract of land, the property…

1Opinion of the Court

The opinion of the Court was delivered by

Heydenfeldt, Justice.

Wells, Justice, concurred.

The plaintiff filed a complaint, which, we suppose, was intended' to operate as an application for a mandamus to compel the defendant, as sheriff, to execute a deed for a tract of land, purchased by plaintiff, at sheriff’s sale.

The sheriff answers, as the reason for his refusal to make the *287deed, that the land had been redeemed, by Stewart and Thorn as the successors in interest of the defendant in execution.

This presented the only issue of fact to be determined, and the court found distinctly in favor of…

2Cited by2 opinions

  1. Lyons v. LyonsCalifornia Supreme Court · 1861
  2. Simonton v. PierceCalifornia Court of Appeal · 1958

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