Legal Opinion

Main v. Tappener

California Supreme Court

Decided January 15, 1872No. 3,034PublishedCited by 14 opinions

Appeal from the District Court of the Fifteenth Judicial District, Contra Costa County. The premises in controversy were, on and prior to the 13th of April, 1869, owned by Thomas Parr, and were standing on the records of Contra Costa County in his name. On that day th$ plaintiffs in this action commenced a suit against Parr for merchandise furnished him, and caused a writ of attachment of the premises to be placed in the hands of the Sheriff.

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Appeal from the District Court of the Fifteenth Judicial District, Contra Costa County. The premises in controversy were, on and prior to the 13th of April, 1869, owned by Thomas Parr, and were standing on the records of Contra Costa County in his name. On that day th$ plaintiffs in this action commenced a suit against Parr for merchandise furnished him, and caused a writ of attachment of the premises to be placed in the hands of the Sheriff. On the 14th of April, 1869, at nine o’clock a. m., the Sheriff filed a copy of the writ with the .County Recorder, with his certificate that the…

1Opinion of the Court

By the Court,

Crockett, J.:

The only question on this appeal is, whether an attachment of real property, standing on the records of the county in the name of defendant, and which was served by first filing a copy of it with the County Recorder, together with a description of the property attached, and by afterwards, with all reasonable dispatch, serving a copy on the occupant of the premises, will overreach a conveyance, made by the defendant to a purchaser in good faith, and for a valuable consideration, intermediate the filing of the coj>y with the Recorder and the service of a copy on the…

2Cited by14 opinions

  1. Porter v. PicoCalifornia Supreme Court · 1880
  2. Dickinson v. First National BankNorth Dakota Supreme Court · 1933
  3. Clark v. AndrewsCalifornia Court of Appeal · 1952
  4. Ames v. ParrottNebraska Supreme Court · 1901
  5. Graham v. RenoColorado Court of Appeals · 1894

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