Legal Opinion

White v. Nunan

California Supreme Court

Decided April 10, 1882No. 6,632PublishedCited by 12 opinions

Appeal from an order refusing defendants’ motion to dissolve injunction in the Fifteenth District Court of the City and County of San Francisco. Dwinelle J. The legal title to the land in controversy was in the plaintiff. It was claimed by the defendants that the execution debtor was the equitable owner.

1Opinion of the Court

McKee, J.:

On March 5, 1878, defendant, N. Proctor Smith, having recovered judgment against one John Miller for ten thousand five hundred and eighty-four dollars and costs, caused an execution to be issued thereon, and placed in the hands of his co-defendant, who, then being Sheriff of the City and County of San Francisco, levied the same upon the premises in controversy, and advertised them for sale according to law, to satisfy the execution. The plaintiff, claiming to be the owner in fee of the premises as her separate estate, commenced the action, out of which this case arises, to enjoin…

2Cases cited1 opinion

  1. De Godey v. GodeyCalifornia Supreme Court · 1870

3Cited by12 opinions

  1. Continental Baking Co. v. KatzCalifornia Supreme Court · 1968
  2. Kendall v. FoulksCalifornia Supreme Court · 1919
  3. Porters Bar Dredging Co. v. BeaudryCalifornia Court of Appeal · 1911
  4. Schwartz v. ArataCalifornia Court of Appeal · 1920
  5. Hiller v. CollinsCalifornia Supreme Court · 1883

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