Scherr v. Himmelmann
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The complaint alleges that certain proceedings were had which resulted in a judgment, in his favor against the defendant for the recovery of two thousand eight hundred and four dollars; that an execution issued and the Sheriff levied upon a certain lot of land; that plaintiff was the highest bidder at the sale thereof, bidding the sum of fifteen hundred dollars, which sum was…
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The complaint alleges that certain proceedings were had which resulted in a judgment, in his favor against the defendant for the recovery of two thousand eight hundred and four dollars; that an execution issued and the Sheriff levied upon a certain lot of land; that plaintiff was the highest bidder at the sale thereof, bidding the sum of fifteen hundred dollars, which sum was credited on the execution. The complaint further alleges that the defendant had not at the time of said sale, or at any…
1Opinion of the Court
By the Court, Rhodes, J.:
The plaintiff having recovered a judgment against the defendant for a sum of money, and having caused an execution *316to be issued, which was afterwards levied upon a tract of land as the property of the defendant, purchased the land for the sum of one thousand five hundred dollars, and that sum was credited upon the execution; but the defendant, as' is alleged in the complaint, had no right, title, or interest in the land, nor the possession thereof, although there appeared of record a deed of conveyance purporting to grant the land to him. The plaintiff delivered ’to…
2Cases cited1 opinion
- Cross v. ZaneCalifornia Supreme Court · 1874
3Cited by6 opinions
- Merguire v. O'DonnellCalifornia Supreme Court · 1903
- Sullivan v. WellbornCalifornia Supreme Court · 1948
- Heine Piano Co. v. BloomerCalifornia Supreme Court · 1920
- Irwin v. BeggsColorado Court of Appeals · 1913
- Calhoun, Denny & Ewing v. QuinlanWashington Supreme Court · 1915
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