Hart v. Burnett
California Supreme Court
Appeal from the Fourth District. Ejectment for a number of fifty-vara lots in the city of San Francisco. Plaintiff claims under a Sheriff’s sale upon an execution issued Nov. 1851, upon a judgment rendered in September of that year, in favor of Jesse D. Carr, against the city of San Francisco, and a Sheriff’s deed based on such sale. The deed was executed in June, 1852, to one Thorne, from whom, by mesne conveyances, the title passed to plaintiff.
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Appeal from the Fourth District. Ejectment for a number of fifty-vara lots in the city of San Francisco. Plaintiff claims under a Sheriff’s sale upon an execution issued Nov. 1851, upon a judgment rendered in September of that year, in favor of Jesse D. Carr, against the city of San Francisco, and a Sheriff’s deed based on such sale. The deed was executed in June, 1852, to one Thorne, from whom, by mesne conveyances, the title passed to plaintiff. Plaintiff had judgment below, defendants appeal. It is unnecessary to state particularly the facts, or the precise form in which the questions…
1Dissent
Cope, J. delivered the following dissenting opinion:
*617I regret that I am unable to agree with my associates in the conclusion at which they have arrived in this case. The questions affecting the merits of the controversy, were long since settled by this Court, and whatever may be our opinion of the correctness of that settlement, I think that a due regard for the doctrine of stare decisis requires that it be strictly adhered to. I shall never hesitate in a proper case to cooperate with my associates in correcting the errors of this tribunal, but I am unwilling to interfere where the effect may…
2Cases cited10 opinions
- Perrine v. Chesapeake & Delaware Canal Co.Supreme Court of the United States · 1850
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
- Henry v. ThorpeSupreme Court of Alabama · 1848
- Smith v. MorseCalifornia Supreme Court · 1852
- Galloway v. HolmesMichigan Supreme Court · 1844
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