Smith v. Randall
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. The plaintiif recovered judgment against the defendant, of which judgment Thomas (x. Richards became the owner, and caused an execation to be issued to the sheriff of Marin County, who levied on and sold certain lands of defendant in that county, the defendant having sufficient personal property to satisfy the execution.
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Appeal from the District Court of the Fourth Judicial District. The plaintiif recovered judgment against the defendant, of which judgment Thomas (x. Richards became the owner, and caused an execation to be issued to the sheriff of Marin County, who levied on and sold certain lands of defendant in that county, the defendant having sufficient personal property to satisfy the execution. The levy was made February 20th, 1855, and the sale took place March 12th, 1855. The lands were sold in gross under direction of defendant. The defendant executed a mortgage on the premises to William J. Shaw,…
1Opinion of the CourtJustice Terry
Mr. Justice Heydenfeldt concurred.
The appellant being the owner of a judgment recovered against respondent in the Fourth District Court, caused an execution to be issued to the sheriff of Marin County, who levied on and sold certain lands in said county belonging to respondent. On motion of respondent the Court below made an order annulling and setting aside said sale, and from this order an appeal was taken.
The order itself does not specify any ground on which the sale was annulled; from the record, however, it appears that the motion was heard on affidavits which established the following…
2Cases cited1 opinion
- Dougherty v. LinthicumCourt of Appeals of Kentucky · 1839
3Cited by32 opinions
- Hibberd v. SmithCalifornia Supreme Court · 1885
- Frink v. RoeCalifornia Supreme Court · 1886
- Odell v. CoxCalifornia Supreme Court · 1907
- Blood v. LightCalifornia Supreme Court · 1869
- Williams v. ReedCalifornia Court of Appeal · 1919
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