Eby v. Foster
California Supreme Court
Appeal from a judgment for the plaintiff and from an order denying a new trial in the Superior Court of Tehama County. Mayhew, J. On the trial the defendants offered to prove by the Clerk of the Court that the judgment in the case of Campbell v. Eby was docketed in the month of May or June, 1880, but the Court excluded the evidence,
1Opinion of the Court
McKee, J.:
Defendant Foster, as Sheriff of Tehama county, by an execution which had been issued on a money judgment in favor of his co-defendant Campbell against Jackson Eby, one of the plaintiffs in this case, levied upon and advertised for sale the southwest quarter, and the west half of the southeast quarter of Section 8, Township 26 north, range 5 west, Mount Diablo Meridian, as the property of the judgment debtor.
Before the day appointed for the sale the plaintiffs in this case brought their action to enjoin the sale, upon the ground that the property constituted their homestead, and was…
2Cases cited5 opinions
- Norris v. JacksonSupreme Court of the United States · 1870
- Bagley v. WardCalifornia Supreme Court · 1869
- Ackley & Dana v. ChamberlainCalifornia Supreme Court · 1860
- Bowman v. NortonCalifornia Supreme Court · 1860
- Racouillat v. RequenaCalifornia Supreme Court · 1869
3Cited by13 opinions
- Yager v. YagerCalifornia Supreme Court · 1936
- Lubbock v. McMannCalifornia Supreme Court · 1889
- Freiberg, Klein & Co. v. WalzemTexas Supreme Court · 1892
- In Re DudleyDistrict Court, S.D. California · 1947
- Beaton v. ReidCalifornia Supreme Court · 1896
8 more not listed; retrieve them via the Exa API.