Legal Opinion

O'Donnell v. Merguire

California Supreme Court

Decided March 31, 1900No. S. F. No. 1346Published

APPEAL from Superior Court, Alameda County. Action by Delia T. O’Donnell against J. H. Merguire and others. Judgment was rendered in favor of plaintiff, and from an order granting defendants a new trial plaintiff appeals. Reversed.

1Opinion of the CourtTemple, J.

This is an action to quiet title. The plaintiff had judgment, and on application of defendants a new trial was granted. The appeal is from that order. The defendants claimed title through an execution sale under what is claimed to have been an execution against Thomas O’Donnell, husband of the plaintiff. Plaintiff derived her title through a deed of gift from her husband, which the defendants contended was fraudulent as to creditors of Thomas O’Donnell. The new trial was asked for upon all the statutory grounds, and, among them, for the alleged error of the court in admitting in evidence the…

2Cases cited3 opinions

  1. Wooters v. JosephIllinois Supreme Court · 1891
  2. Den on Dem. of Purcell v. Tryon McFarland's HeirsSupreme Court of North Carolina · 1840
  3. Huggins v. . KetchumSupreme Court of North Carolina · 1838

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