Emerson v. Sansome
California Supreme Court
Appeal from the District Court of the First Judicial District, San Luis Obispo County. This was an action of ejectment for a piece of land in San Luis Obispo Oounty, commenced in March, 1869. It appears that in July, 1868, two judgments were recovered by the plaintiff in a Justice’s Court against the defendant, who had settled upon and was in possession of the land in question; that in August following the Sheriff,' on executions duly issued on such judgments, levied upon…
Read the full summary
Appeal from the District Court of the First Judicial District, San Luis Obispo County. This was an action of ejectment for a piece of land in San Luis Obispo Oounty, commenced in March, 1869. It appears that in July, 1868, two judgments were recovered by the plaintiff in a Justice’s Court against the defendant, who had settled upon and was in possession of the land in question; that in August following the Sheriff,' on executions duly issued on such judgments, levied upon and sold out all the right, title, interest, and claim of the defendant in and to the same; that the plaintiff became the…
1Opinion of the Court
By the Court, Sprague, J.:
The Sheriff’s deed of February 13th, 1869, transferred to the plaintiff all the interest the defendant had in the land in controversy at the date of the levy of the executions thereon, under which the sale thereof was subsequently made to plaintiff by the Sheriff) and no subsequently-acquired right or interest in such lands by the defendant could inure to the plaintiff as purchaser at such execution sale. For would such sale, followed by a Sheriff’s deed to the purchaser, estop the defendant from asserting a subsequently-acquired interest or right of possession in…
2Cited by7 opinions
- Frink v. RoeCalifornia Supreme Court · 1886
- Noble v. BeachCalifornia Supreme Court · 1942
- Robinson v. ThorntonCalifornia Supreme Court · 1893
- Shirk v. ThomasIndiana Supreme Court · 1889
- Missouri Valley Land Co. v. BarwickSupreme Court of Kansas · 1892
2 more not listed; retrieve them via the Exa API.