Frost v. Meetz
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Alameda. The action is ejectment. The Court below rendered judgment in favor of the plaintiff, and defendant appeals from the order denying a motion for a new trial and from the judgment. Plaintiff relied upon a conveyance from Gideon Aughinbaugh, dated October 15th, 1855, to one Tinsley, from whom she derived by mesne conveyances.
Read the full summary
Appeal from the District Court of the Third Judicial District, County of Alameda. The action is ejectment. The Court below rendered judgment in favor of the plaintiff, and defendant appeals from the order denying a motion for a new trial and from the judgment. Plaintiff relied upon a conveyance from Gideon Aughinbaugh, dated October 15th, 1855, to one Tinsley, from whom she derived by mesne conveyances. The defendant introduced the judgment-roll in the foreclosure suit of S. W Moss v. Gideon Aughinhaugh and Wilson Flint, rendered November 21st, 1854, and docketed November 22nd, 1854; also the…
1Opinion of the Court
The action is ejectment for lands in Alameda County. Both parties claim under the same source of title—Gideon Aughinbaugh. Plaintiff claims under a conveyance made by Aughinbaugh to one Tinsley in October, 1855. Defendant Meetz claims under two execution sales, one had under a judgment recovered against Aughinhaugh by Drexel, Sather, and Church, and the other recovered against Aughinhaugh by Samuel Moss. These actions against Aughinbaugh were brought to foreclose mortgages, and the execution sales were made for the purpose of satisfying deficiencies.
The evidence in the case, and the facts…
2Cases cited13 opinions
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Blood v. LightCalifornia Supreme Court · 1869
- Loomis v. RileyIllinois Supreme Court · 1860
- Chapin & Mastick v. BroderCalifornia Supreme Court · 1860
- Phillips v. CoffeeIllinois Supreme Court · 1855
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Randall v. DuffCalifornia Supreme Court · 1888
- Harrigan v. LynchMontana Supreme Court · 1898