South Beach Land Ass'n v. Christy
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of .San Francisco. In 1870 the plaintiff obtained a judgment by default against Robert Christy, G. Bergle, and J. Beisel, in an action for the recovery of the possession of a tract of land on the Potrero Huevo, in San Francisco, known as .the Robinson tract. A writ of restitution was issued on the judgment,' and the Sheriff, by virtue of the same, removed Rowland Chatham from the land.
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Appeal from the District Court of the Twelfth Judicial District, City and County of .San Francisco. In 1870 the plaintiff obtained a judgment by default against Robert Christy, G. Bergle, and J. Beisel, in an action for the recovery of the possession of a tract of land on the Potrero Huevo, in San Francisco, known as .the Robinson tract. A writ of restitution was issued on the judgment,' and the Sheriff, by virtue of the same, removed Rowland Chatham from the land. He moved the Court, on affidavits, to be restored to the possession. The affidavits showed his possession adversely to the…
1Opinion of the Court
By the Court, Crockett, J.:
This appeal is from an order, restoring the respondent to the possession of a piece of land, from which he was removed under a writ of restitution issued in an action to which he was not a party. The proof shows satisfactorily that he was in the actual possession at the commencement of the action, holding adversely to the plaintiff, and of course was not bound by the judgment or amenable to the wilt of restitution issued thereon. It is equally plain on the proofs that the pretended and colorable possession of Christy was collusive, and that his nominal and temporary…
2Cited by4 opinions
- Beyerlein v. WhitcombMontana Supreme Court · 1933
- Miller v. BlackettDistrict Court, D. Alaska · 1891
- S. J. Vidger Co. v. Great Northern Railway Co.North Dakota Supreme Court · 1906
- In re YoungDistrict Court, D. Alaska · 1917