Albertoli v. Branham
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial. The action was brought to recover the possession of certain personal property. The defendant, as sheriff, attempted to justify the taking under a writ of attachment issued in an action against one Serefino Albertini. Judgment was rendered in favor of the defendant. The further facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
The only question presented by the appeal is, whether the answer of the defendant and the findings of the court show that the conveyance of the property in controversy to the plaintiff was fraudulent as against the creditors of his grantor. The answer alleges; “Defendant further alleges, upon and according to his information and belief, that heretofore, to wit, on the fourth day of July, 1885, Serefino Albertini, herein-before mentioned, was the owner and in possession of all the property sued for in this action, described in the complaint herein; and that he was then justly indebted to…
2Cases cited7 opinions
- Bruker v. KelseyIndiana Supreme Court · 1880
- Evans v. HamiltonIndiana Supreme Court · 1877
- Sherman v. HoglandIndiana Supreme Court · 1881
- Deutsch v. KorsmeierIndiana Supreme Court · 1877
- City of Oakland v. CarpentierCalifornia Supreme Court · 1863
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3Cited by22 opinions
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- Mason v. VestalCalifornia Supreme Court · 1891
- Security State Bank v. McIntyreMontana Supreme Court · 1924
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