Legal Opinion

People ex rel. Kohler v. Hays

California Supreme Court

Decided July 1, 1855PublishedCited by 3 opinions

Appeal from the Superior Court of San Francisco. Mandamus to compel the appellant to execute certain deeds to property alleged to have been purchased by the respondent at sheriff’s sale. The case was tried without a jury ; and upon the proofs submitted, the Court granted the writ. The facts appear in the opinion of the Court.

1Opinion of the Court

Bryan J., and Heydenfeldt, J , delivered separate opinions. Bryan, J.

In this cause, the respondent having, in the summer or *68fall of 1861, bid off at sheriff’s sale a number of lots, said to have belonged to the City of San Francisco, under a judgment entered in the Superior Court in favor of Peter Smith, against the City of San Francisco, and having paid a small portion of the purchase money, the respondent waits until the expiration of nearly two years, and after most of the property had been re-sold by the sheriff, and then comes forward and tenders the balance due upon his bids, and…

2Cited by3 opinions

  1. Mitchell v. Alpha Hardware & Supply Co.California Court of Appeal · 1935
  2. Harvey v. FiskCalifornia Supreme Court · 1858
  3. Walker v. McLoudCourt of Appeals for the Eighth Circuit · 1905

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