Foorman v. Wallace
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to redeem the land in question from, a mortgage thereon held by the defendant, and upon such redemption, for the possession of the land.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to redeem the land in question from, a mortgage thereon held by the defendant, and upon such redemption, for the possession of the land. On the trial, it was shown that on the 1st of May, 1879, one William Trun was indebted to the defendant in the sum of six thousand dollars and upwards, and that in an action on such indebtedness the defendant, on the 1st of September, 1879, recovered judgment against Trun, under which the land in question was…
1Opinion of the CourtSearls, C. J.
The question involved in this appeal may be stated thus: A brings an action against B, sues out and levies an attachment upon the land of the latter, obtains a judgment upon which an execution issues, and the land in question is sold. A, the judgment creditor, becomes the purchaser, receives a sheriff’s certificate of sale, which is filed and recorded, and in due time receives a sheriff’s deed of the premises.
B, the judgment debtor, had conveyed the land before suit brought by a deed which was not recorded, and of which A had no notice until after his receipt and record of the certificate of…
2Cases cited6 opinions
- Frey v. CliffordCalifornia Supreme Court · 1872
- Hoag v. HowardCalifornia Supreme Court · 1880
- Hunter v. WatsonCalifornia Supreme Court · 1859
- Schluter v. HarveyCalifornia Supreme Court · 1884
- Gassen v. HendrickCalifornia Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Stafford v. Realty Bond Service Corp.California Supreme Court · 1952
- Riley v. MartinelliCalifornia Supreme Court · 1893
- Southern Pacific Co. v. ProsserCalifornia Supreme Court · 1898
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Cady v. PurserCalifornia Supreme Court · 1901
32 more not listed; retrieve them via the Exa API.