Cross v. Zane
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. In 1869 the plaintiff obtained a judgment against the defendant, under which certain real estate, standing of record in the name of Main & Winchester, was levied upon, and an interest which the plaintiff believed the defendant had in the land, was purchased by the plaintiff in satisfaction of the judgment.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. In 1869 the plaintiff obtained a judgment against the defendant, under which certain real estate, standing of record in the name of Main & Winchester, was levied upon, and an interest which the plaintiff believed the defendant had in the land, was purchased by the plaintiff in satisfaction of the judgment. Subsequently,, the plaintiff ascertained that the defendant had no interest in the property, and he thereupon, in November, 1872, commenced this proceeding by filing a petition, in which he…
1Opinion of the Court
By the Court:
If the controversy here were to be determined by the application of the general principles of law, there would certainly be found to be an irreconcilable conflict between the adjudicated cases upon the point. But, as we construe the statute (Pr. Act, Sec. 237; Code Civ. Proc. 708), the case is covered by the provision that the original judgment may be revived “when the property sold was not subject to execution and sale.'’ The statute, being remedial in its character, is to receive a liberal construction, and we think that where, as here, the property sold was not the property of…
2Cited by12 opinions
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- Cantwell v. McPhersonIdaho Supreme Court · 1892
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