Lee v. Rogers
U.S. Circuit Court for the District of California
Bill in equity, wherein complainant [Richard B. Lee] seeks to establish a trust in his favor as to certain lands situate in the city of Oakland, held and claimed by the defendants [Daniel Rogers, administrator, and others]. The pleadings and evidence establish the following facts: In the years 1858 and 1859, Andrew J. Coffee was the owner of the lands in question. He had become embarrassed.
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Bill in equity, wherein complainant [Richard B. Lee] seeks to establish a trust in his favor as to certain lands situate in the city of Oakland, held and claimed by the defendants [Daniel Rogers, administrator, and others]. The pleadings and evidence establish the following facts: In the years 1858 and 1859, Andrew J. Coffee was the owner of the lands in question. He had become embarrassed. Sometime in 1856 the agent of the complainant loaned the sum of six thousand dollars of the latter’s money on a note signed by one Green, indorsed by said Coffee. It is not clear and not material whether…
1Opinion of the Court
SAWYER. Circuit Judge,
(after stating the facts.) It is settled without any authority. *229so far as I am aware, to the contrary, that a sale under a judgment after its full payment. is absolutely void. And a number of the authorities go so far as to say that such a sale is void under all circumstances, and as to all persons, even though purchasers in good faith for a valuable consideration, and without notice. The principle stated in the authorities is, that the judgment is the sole foundation of the sheriff’s power to sell and convey: that, if the judgment has been paid at the time of the sale,…
2Cases cited15 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Hammatt v. WymanMassachusetts Supreme Judicial Court · 1812
- Swan v. Saddlemire & WoodNew York Supreme Court · 1832
- Sherman v. BoyceNew York Supreme Court · 1818
10 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Holstead v. ParkerCourt of Appeals of Texas · 1922
- Holstead v. ParkerCourt of Appeals of Texas · 1922