Legal Opinion

O'Donnell v. Merguire

California Supreme Court

Decided February 11, 1901No. S.F. No. 1346PublishedCited by 7 opinions

The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

Appeal from an order granting the defendant a new trial.

The suit was brought to quiet title to lands described in the complaint. The defendant Reid claimed title in himself. Both parties deraigned title from one Thomas O’Donnell, the husband of plaintiff—the plaintiff, by deed of conveyance of date July 14, 1891; the defendant Reid by a sheriff’s sale under an execution against Thomas O’Donnell. The defendants’ case is based on the claim that the former conveyance was in fraud of creditors, and hence void as against the subsequent execution sale to him. The findings negatived the…

2Cases cited4 opinions

  1. Hernandez v. DrakeIllinois Supreme Court · 1875
  2. Wooters v. JosephIllinois Supreme Court · 1891
  3. Short v. StateSupreme Court of Georgia · 1887
  4. Dearborn Laundry Co. v. Chicago & Alton R. R.Appellate Court of Illinois · 1894

3Cited by7 opinions

  1. Brush v. SmithCalifornia Supreme Court · 1903
  2. Sternberg v. Superior CourtCalifornia Court of Appeal · 1974
  3. Merguire v. O'DonnellCalifornia Supreme Court · 1903
  4. Hager v. AstorgCalifornia Supreme Court · 1904
  5. Morris v. WinansCalifornia Court of Appeal · 1916

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