Gray v. Hawes
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action to recover certain premises in the city of San Francisco, in which both parties claimed under David A. Cheever.
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Appeal from the Superior Court of the City of San Francisco. This was an action to recover certain premises in the city of San Francisco, in which both parties claimed under David A. Cheever. On the eleventh of October, one thousand eight hundred and fifty, Isaac Horman obtained judgment in the District Court of the Eighth Judicial District, against Cheever and others, and a transcript of the judgment was duly filed in the recorder’s office of San Francisco county, on the eighteenth day of December, one thousand eight hundred and fifty. Upon this judgment an execution was issued March fourth,…
1Opinion of the Court
Burnett, J., after stating the facts, delivered the opinion of the Court—Terry, C. J., concurring. ,
The only question in the case regards the validity of the judgment under which the premises were sold. If void, the sale was invalid, and the sheriff's deed conveyed to the purchaser no title. On the other hand, if the judgment was merely voidable, the sale was valid.
To sustain a personal j udgment the Court must have jurisdiction of the subject-matter, and of the person. Whitwell v. Barbier and others, January, 1857. Where the jurisdiction of the Court as to the subject-matter has been limited…
2Cited by17 opinions
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- Rea v. ReaSupreme Court of Iowa · 1904
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