Hills v. Sherwood
California Supreme Court
Appeal from the District Court, Third Judicial District, Monterey County. The case was thus: Maria Josefa Soto and Gil Cano intermarried in California sometime about 1840. Said Cano died about the month of December, 1844, leaving children by the marriage, Rafael Cano, Nicholas Cano, Luisa Cano, and Guadalupe Cano.
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Appeal from the District Court, Third Judicial District, Monterey County. The case was thus: Maria Josefa Soto and Gil Cano intermarried in California sometime about 1840. Said Cano died about the month of December, 1844, leaving children by the marriage, Rafael Cano, Nicholas Cano, Luisa Cano, and Guadalupe Cano. Said Maria Josefa, in 1844, after the death of her first husband, intermarried with James Stokes, and there were born children of this marriage, James, Junior, Manuel, Domingo, Catherine, Josephine, William, Henry, Mary, Fanny and Luisa. Said Maria Josefa died intestate, at Monterey…
1Opinion of the Court
By the Court, McKinstry, J.:
The defendant claims that the judgment in Stolces v, Sherwood and Winterburn is a bar to the present action.
For the purposes of this opinion it may be admitted that the judgment would bind the creditors of the estate of James Stokes to the same extent as the executors themselves would be bound; and that the defendants in ejectment would have been permitted to attack the deed made by the testator in his life-time, as made in fraud of his creditors. If, however, the matter relied on or relief sought is peculiarly of equitable cognizance, the judgment at law is not a…
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