Legal Opinion

Carpenter v. Gann

California Supreme Court

Decided July 1, 1875No. 4569PublishedCited by 4 opinions

Appeal from the District Court, Fifth Judicial District, County of Stanislaus. Defendant Gann was the owner of the fractional south half of section nineteen, township five south, range nine east, Mount Diablo base and meridian. The land was assessed for the fiscal year 1868, and the tax was eleven dollars and thirty-eight cents. Gaim failed to pay the same, and, on the 15th day of February, 1869, suit was commenced to enforce the lien of the tax, in which Gann was defendant.

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Appeal from the District Court, Fifth Judicial District, County of Stanislaus. Defendant Gann was the owner of the fractional south half of section nineteen, township five south, range nine east, Mount Diablo base and meridian. The land was assessed for the fiscal year 1868, and the tax was eleven dollars and thirty-eight cents. Gaim failed to pay the same, and, on the 15th day of February, 1869, suit was commenced to enforce the lien of the tax, in which Gann was defendant. On the 25th day of June, 1869, judgment was rendered directing a sale of the land by the sheriff to satisfy the lien.…

1Opinion of the Court

By the Court:

The deed delivered by the sheriff to He well upon the sale under the judgment of June 25, 1869, recited that he had sold the premises therein described at public auction to Hetvell, who was the highest bidder therefor. The proceedings resulting in the deed were founded on the forty-'fifth section of the act of 1861, entitled, “An Act to provide revenue for the government of this State.” In that section the following proviso occurs: “Provided, that the sheriff, in selling said property, shall only sell the smallest quantity that any purchaser will take and pay the judgment and all…

2Cited by4 opinions

  1. Eastman v. GurreyUtah Supreme Court · 1897
  2. McGrath v. WallaceCalifornia Supreme Court · 1897
  3. In re the StateMichigan Supreme Court · 1885
  4. Mora v. NunezUnited States Circuit Court · 1882

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