Saunders v. Webber
California Supreme Court
Appeal from the District Court of the Sixth District, Sacramento County. This is an action for a perpetual injunction to restrain the execution of a writ of restitution issued upon a judgment, in forcible entry and detainer entered in favor of the appellants, in the County Court of Sacramento County, against B. A. Saunders, the husband of the respondent, for certain lots situated in the City of Sacramento.
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Appeal from the District Court of the Sixth District, Sacramento County. This is an action for a perpetual injunction to restrain the execution of a writ of restitution issued upon a judgment, in forcible entry and detainer entered in favor of the appellants, in the County Court of Sacramento County, against B. A. Saunders, the husband of the respondent, for certain lots situated in the City of Sacramento. Plaintiff claimed the lots in question as her separate property, and derived her title, among other conveyances, by virtue of a deed from Frederick Billings, James B. Bolton and H. W.…
1Opinion of the Court
Rhodes, C. J.,
delivered the following opinion, Sprague, J., concurring:
The deed of trust executed by Bezer Simmons to Billings, Bolton and Halleck, as trustees, empowered them to sell and dispose of “the lands mentioned in the deed, either at public or private sale, to such person or persons, for such prices, and on such terms and conditions, and either for cash or upon credit, as in his [their] judgment may appear best and most for the interest of the parties concerned, and convert the same into money.” The powers thus conferred, are to a material extent discretionary. The trustees are…
2Cases cited2 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Berger v. DuffNew York Court of Chancery · 1820
3Cited by8 opinions
- Huerstal v. MuirCalifornia Supreme Court · 1884
- Arrieta v. MahonCalifornia Supreme Court · 1982
- Cramton v. RutledgeSupreme Court of Alabama · 1908
- Gray v. NunanCalifornia Supreme Court · 1883
- Delacey v. Commercial Trust Co.Washington Supreme Court · 1909
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