People ex rel. Thorne v. Hays
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. [128] %The bill in this case seeks to compel a conveyance, by the defendant John C. Hays, the Sheriff of San Francisco, of certain lands levied upon as the property of the City, under executions issued upon certain judgments against the City of San Francisco, rendered on the 6th and 18th of September, 1861, in favor of one Peter Smith and one Jesse D. Carr, for the sums of $13,960 and $4,000, respectively, stating…
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Appeal from the Superior Court of the City of San Francisco. [128] %The bill in this case seeks to compel a conveyance, by the defendant John C. Hays, the Sheriff of San Francisco, of certain lands levied upon as the property of the City, under executions issued upon certain judgments against the City of San Francisco, rendered on the 6th and 18th of September, 1861, in favor of one Peter Smith and one Jesse D. Carr, for the sums of $13,960 and $4,000, respectively, stating that the property was sold by the Sheriff and purchased by the complainants on the ,30th of January and 1st and 2d of…
1DissentJustice Heydeneeldt
delivered the following 'dissenting opinion:
As this case is presented on the record, it is in effect a Bill in Chancery to enforce the specific performance of a contract for a sale of lands made by the Sheriff on execution.
It is true that it is brought in the name of The People upon the relation of the purchasers, and purports to [155] be an *application for the prerogative writ of mandamus, to compel the Sheriff to do a duty which it is alleged is enjoined on him by law. But it does not stop at this; it goes into a consideration of the time of the original contracts, and the rights of the…
2Cases cited14 opinions
- Church v. GilmanNew York Supreme Court · 1836
- Camp v. CampSupreme Court of Connecticut · 1824
- Merrills v. SwiftSupreme Court of Connecticut · 1847
- People ex rel. Fleming v. LivingstonNew York Supreme Court · 1831
- Dale v. GovernorSupreme Court of Alabama · 1831
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