Legal Opinion

Smith v. McDonald

California Supreme Court

Decided October 15, 1871No. 2,002PublishedCited by 17 opinions

Appeal from the District Court of the Sixth Judicial District, Sacramento County. The facts are stated in the opinions. There having been a judgment in the Court below in favor of defendants, the plaintiffs appealed.

1Opinion of the Court

By the Court, Wallace, J.:

The facts, or most of them, out of which the present controversy arises, may be seen in the report of the case of *486Smith v. Smith, 12 Cal. 217. At the sale under the decree which the Court below rendered in that case, by the direction of this Court, lot six, between M and ¡N, and Eighth and ¡Ninth streets, in the City of Sacramento, was purchased by the defendant McDonald. The plaintiffs here, who now seek to recover it from him, were the infant defendants in that case, and they now claim that the proceedings resulting in the sale are void as to them, on the ground…

2Cases cited1 opinion

  1. Gronfier v. PuymirolCalifornia Supreme Court · 1862

3Cited by17 opinions

  1. Gerhard v. StephensCalifornia Supreme Court · 1968
  2. Emeric v. AlvaradoCalifornia Supreme Court · 1884
  3. State Ex Rel. Bliss v. DorityNew Mexico Supreme Court · 1950
  4. Monroe v. FohlCalifornia Supreme Court · 1887
  5. Duncan v. BrownNew Mexico Supreme Court · 1914

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