Hibberd v. Smith
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover a tract of land containing about one hundred acres, being portion of the rancho San Antonio, in the county of Alameda. The action was commenced June 29, 1861, and at this time the grant had been confirmed, but the final survey had not been approved. Both parties claimed under W. W. Chipman.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover a tract of land containing about one hundred acres, being portion of the rancho San Antonio, in the county of Alameda. The action was commenced June 29, 1861, and at this time the grant had been confirmed, but the final survey had not been approved. Both parties claimed under W. W. Chipman. Chipman and Aughinbaugh owned the land, and on the 11th day of November, 1854, Aughinbaugh sold to Ohipman. On the 1st day of March, 1855, the plaintiff Hibberd recovered a judgment against…
1Opinion of the Court
By the Couet:
1. The judgment in the action of Hibberd v. Chipman and Aughinbaugh was docketed in such a manner as to constitute a lien on the real property of the defendants therein. The statute required that the names of the defendants should be entered in the docket in alphabetical order. (Pr. Act, Sec. 205.) It was evidently intended that the surnames should precede the Christian names, and the omission of the Christian name of the defendant Chipman did not deprive the docket of its useful function of directing *518the attention of those interested to the existence of a judgment, and to all…
2Cases cited2 opinions
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