Legal Opinion

Aucker v. McCoy

California Supreme Court

Decided July 1, 1880No. 7,418PublishedCited by 8 opinions

Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Superior Court of San Bernardino County. Bolee, J. A petition for the rehearing in Bank in this case was filed after the decision, and denied.

1Opinion of the Court

McKee, J.:

This was an action of ejectment to recover possession of a parcel of land described in the complaint, of which the defendants were in possession at the commencement of the action. The plaintiff concedes that the defendants were at one time the owners of the land; but he claims that their title has been transferred to him by a constable’s deed, made and delivered to him in the consummation of a forced sale, under an execution which had been issued upon a judgment against the defendants, and was levied upon the land in dispute. The Court below found in favor of the plaintiff’s claim…

2Cases cited4 opinions

  1. Choynski v. CohenCalifornia Supreme Court · 1870
  2. Moore v. MartinCalifornia Supreme Court · 1869
  3. Babcock v. GIBBSCalifornia Supreme Court · 1878
  4. Liening v. GouldCalifornia Supreme Court · 1859

3Cited by8 opinions

  1. Lubbock v. McMannCalifornia Supreme Court · 1889
  2. Town of Hayward v. PimentalCalifornia Supreme Court · 1895
  3. Skinner v. HallCalifornia Supreme Court · 1886
  4. Bullis v. StanifordCalifornia Supreme Court · 1918
  5. Tromans v. MahlmanCalifornia Supreme Court · 1891

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