Shattuck v. Carson
California Supreme Court
Appeal from the Seventh Judicial District of Sonora County. The complaint set forth, that on the 9th day of February, 1852, the plaintiff purchased of one Griffith, a certain lot of land, for full consideration and bona fide, and refers to his deed for said lot; that an execution had issued from the District Court in the suit, Lindsey Carson v. J. A. Griffith, which has been levied on the same lot, and Griffith’s interest therein was advertised for sale by the sheriff, on…
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Appeal from the Seventh Judicial District of Sonora County. The complaint set forth, that on the 9th day of February, 1852, the plaintiff purchased of one Griffith, a certain lot of land, for full consideration and bona fide, and refers to his deed for said lot; that an execution had issued from the District Court in the suit, Lindsey Carson v. J. A. Griffith, which has been levied on the same lot, and Griffith’s interest therein was advertised for sale by the sheriff, on the 19th of June, 1852; that Griffith had no interest therein; and that said sale, if it should take place, would cast a…
1Opinion of the Court
The opinion of the Court was delivered by Heydeneeldt, Justice, with which Murray, Chief Justice, concurred.
It is a familiar practice, both in England and in this country, when one has an outstanding deed, which improperly clouds the title of the true owner of the land, for the latter to resort to Chancery, and there to have such deed cancelled and annulled. It may then well be asked, if the Court of Chancery will set aside such deed, why not interfere to prevent the sale, and the consequent execution of an improper deed? I see no reason against it; and it has been thus decided in New York,…
2Cited by17 opinions
- Pixley v. HugginsCalifornia Supreme Court · 1860
- Hager v. ShindlerCalifornia Supreme Court · 1865
- Wagner v. LawWashington Supreme Court · 1892
- Englund v. LewisCalifornia Supreme Court · 1864
- Tennant's Heirs v. FrettsWest Virginia Supreme Court · 1910
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