Welch v. Sullivan
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. Mary Welch brought this action of ejectment to recover possession of the undivided one-half of lots one hundred and forty and one hundred and forty-one, in the city of San Francisco, and for three thousand dollars damages, alleging that she was the owner of the undivided one-half thereof in common, and not jointly.
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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. Mary Welch brought this action of ejectment to recover possession of the undivided one-half of lots one hundred and forty and one hundred and forty-one, in the city of San Francisco, and for three thousand dollars damages, alleging that she was the owner of the undivided one-half thereof in common, and not jointly. The answer of the defendants consisted of— 1. A general denial. 2. Statute of Limitations. 3. The Settlers’ Act of 1856. 4. Outstanding title in Limantour. 5. Title in defendant Sullivan under…
1Opinion of the CourtMurray, C. J.
This was an action of ejectment, brought to recover the undivided half of two town lots in San Francisco.
The first error assigned is, that the Court admitted in evidence the writ venditioni exponas. The error is said to arise from the fact that the return of the sheriff upon the writ showed that he had levied upon and sold the property, by virtue of the writ, when it had already been levied upon by an execution which had expired. The writ of venditioni exponas is a simple order of Court, directed to the officer, commanding him to sell the property already levied on. It is no authority to…
2Cases cited1 opinion
- Fenn v. RilsSupreme Court of Louisiana · 1836
3Cited by9 opinions
- Frink v. RoeCalifornia Supreme Court · 1886
- Piercy v. SabinCalifornia Supreme Court · 1858
- Bianchi v. Del ValleSupreme Court of Louisiana · 1906
- State v. ForbesSupreme Court of Louisiana · 1903
- White v. MosesCalifornia Supreme Court · 1862
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