Dewey v. Latson
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. The plaintiff filed his bill of foreclosure February 12, 1855, against A. 0. Latson, making E. Townsend, J. W. Winans and John G-. Hyer parties, as claiming an interest in the property. The question upon which the case is appealed, is as to the priority of plaintiff’s lien over a judgment, obtained by one Wingate against Latson, and assigned to the defendant, Hyer.
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Appeal from the District Court of the Sixth Judicial District. The plaintiff filed his bill of foreclosure February 12, 1855, against A. 0. Latson, making E. Townsend, J. W. Winans and John G-. Hyer parties, as claiming an interest in the property. The question upon which the case is appealed, is as to the priority of plaintiff’s lien over a judgment, obtained by one Wingate against Latson, and assigned to the defendant, Hyer. The mortgage to the plaintiff was executed September 19, 1853. The judgment of Wingate was obtained January 9, 1852, from which an appeal was taken February 23, 1852.…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
Section 204 of the Practice Act provides, that immediately after filing the judgment roll, the clerk shall make the proper entries of the judgment, and from the time it is docketed it shall be a lien for two years.
In this case, the plaintiff appealed upon the rendition of the judgment in the Court below, and the single question is presented, whether, *134in such cases, the statute commences running from the docketing of the judgment in the Court below, or from the date of the remittitur from this Court.
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2Cited by4 opinions
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- Barroilhet v. HathawayCalifornia Supreme Court · 1866
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