Bleven v. Freer
California Supreme Court
Appeal from the District Court of tho Tenth Judicial District, County of Yuba. This was an action to recover damages alleged to have been sustained by reason of tho wrongful seizure and sale of property by the defendant Freer, as sheriff, under an attachment, and subsequently an execution, in favor of the defendant Van Ñorden, and against George W. Buckley.
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Appeal from the District Court of tho Tenth Judicial District, County of Yuba. This was an action to recover damages alleged to have been sustained by reason of tho wrongful seizure and sale of property by the defendant Freer, as sheriff, under an attachment, and subsequently an execution, in favor of the defendant Van Ñorden, and against George W. Buckley. At tlie time the attachment was levied, the property was in the possession of the plaintiff, who executed a receipt to the sheriff for the delivery of the property, as follows : “ Whereas, Peter Freer, sheriff of Butte county, State of…
1ConcurrenceTerry, C. J.
There were two main grounds of defence relied upon in the answer.
The first ground relied upon is, that the plaintiff, having receipted to the sheriff for the delivery of the property, is estopped from setting up title in himself.
The receipt is set out in full in the answer, and recites that, “ Whereas, Peter Freer, sheriff of Butte county, has attached, seized, and taken into his possession, at the suit of Robert Yan FTorden v. G. W. Buckley, the following described property, the same being taken as the property of the said G. W. Buckley, at the time of said seizure and attachment, and at the…
2Cases cited1 opinion
- Lufkin v. CurtisMassachusetts Supreme Judicial Court · 1816
3Cited by13 opinions
- Spencer v. DuncanCalifornia Supreme Court · 1895
- McNutt v. City of Los AngelesCalifornia Supreme Court · 1921
- Wood v. BlaneyCalifornia Supreme Court · 1895
- Bear Creek Co. v. JamesCalifornia Court of Appeal · 1953
- Perry v. WilliamsWisconsin Supreme Court · 1876
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