Mayberry v. Whittier
California Supreme Court
The facts are stated in the opinion of the court. George D. Blake, E. C. Bower, and Edwin A. Meserve, for Appellant. Appellant has the prior lien under the notice of lis pendens (Code Civ. Proc., sec. 409; McNamara v. Oakland B. and L. Assn.; 132 Cal. 247; Sun Ins.
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The facts are stated in the opinion of the court. George D. Blake, E. C. Bower, and Edwin A. Meserve, for Appellant. Appellant has the prior lien under the notice of lis pendens (Code Civ. Proc., sec. 409; McNamara v. Oakland B. and L. Assn.; 132 Cal. 247; Sun Ins. Co. v. White, 123 Cal. 196; Daniel v. Hodges, 97 N. C. 95), and by the interlocutory decree (Burrows v. People 107 Mass. 428; Robinson v. Robinson, 79 Cal. 511; Murray v. Murray, 115 Cal. 275;1 Gaston v. Gaston, 114 Cal. 542;2 Van Zant v. Van Zant, 23 Ill. 485). Whittier has received property of Mayberry amounting in value to more…
1Opinion of the Court
This is an action against W.F. Whittier, who is the main defendant, and also W.A. Hammel, as sheriff, to enjoin defendants from selling certain property of plaintiff under executions issued on judgments in favor of Whittier against E.L. Mayberry, plaintiff's former husband and to quiet plaintiff's title to said property as against Whittier. The judgment was substantially in favor of defendants; and from the judgment and an order denying a motion for a new trial plaintiff appeals.
Plaintiff was divorced from her former husband by a judgment rendered November 22, 1899, the ground of divorce…
2Cases cited4 opinions
- Johnston v. S.F. Savings UnionCalifornia Supreme Court · 1888
- Panaud v. JonesCalifornia Supreme Court · 1851
- Frankel v. BoydCalifornia Supreme Court · 1895
- Sun Insurance v. WhiteCalifornia Supreme Court · 1898
3Cited by16 opinions
- In Re Marriage of FonsteinCalifornia Supreme Court · 1976
- Weinberg v. WeinbergCalifornia Supreme Court · 1967
- Sanguinetti v. SanguinettiCalifornia Supreme Court · 1937
- Odell v. CoxCalifornia Supreme Court · 1907
- Bank of America National Trust & Savings Ass'n v. MantzCalifornia Supreme Court · 1935
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