Gamble v. Voll
California Supreme Court
Appeal from the Fifth District. Bill against Yoll and George Reed & Co., to set aside a judgment and sale by Reed & Co. of certain property, on the ground of fraud. July 27, 1856, plaintiffs obtained judgment against defendant, Yoll, on his note and mortgage to them, dated November 3,1855, the mortgage being upon the premises in controversy, and recorded same day.
Read the full summary
Appeal from the Fifth District. Bill against Yoll and George Reed & Co., to set aside a judgment and sale by Reed & Co. of certain property, on the ground of fraud. July 27, 1856, plaintiffs obtained judgment against defendant, Yoll, on his note and mortgage to them, dated November 3,1855, the mortgage being upon the premises in controversy, and recorded same day. The property was sold on "such judgment, August 30,1856, and a Sheriff’s deed made to plaintiffs as purchasers, March 9, 1857. Reed & Co. filed a mechanics’lien on the property, October 20,1854, for money due them from Yoll for…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
Appellants filed their bill to set aside a judgment and sale by respondents of certain property. The ground is fraud in obtaining this judgment, which the appellants claim a right to vacate, in order to give effect to their judgment recovered on a subsequent mortgage and sale under it. The facts are, that respondents held two mechanics’ liens upon the property; one for six hundred and fifty-two dollars and sixteen cents, filed October 30th, 1854, and the other for fifty-three dollars and eighteen cents, filed December 8th, 1854, against defendant Voll. Voll, in 1855,…
2Cases cited2 opinions
- Whitney v. HigginsCalifornia Supreme Court · 1858
- Taaffe v. JosephsonCalifornia Supreme Court · 1857
3Cited by4 opinions
- Gaines v. ChildersOregon Supreme Court · 1901
- Utah Implement-Vehicle Co. v. BowmanDistrict Court, D. Idaho · 1913
- O'Gara v. LowryMontana Supreme Court · 1885
- Chamberlain v. SternNevada Supreme Court · 1876