Sharp v. Lumley

By the Court, Sawyer, C. J.:

Action to recover a lot in San Francisco. Both parties derive title from one M. A. Correa—the plaintiff, through a sale by the assignee of Correa in a proceeding in insolvency; and the defendant, Lumley, under a sale in a suit foreclosing a mortgage given by Correa anterior to his filing his petition in insolvency. Plaintiff had judgment, and defendant, Lumley, appeals from the judgment and the order denying a new trial. The only difficulty we have in this case, is, the indefinite condition of the record with reference to the specification of the fifth ground for…