Dunn v. Tozer
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Sacramento. The facts necessary to understand the points decided, appear in the opinion of the Court.
1ConcurrenceTerry, C. J.
The plaintiff claimed the lots in dispute as a homestead. They were sold by the defendant White, as sheriff of Sacramento, county, to defendant Tozer, under an execution against the plaintiff, and a certificate of sale executed by the sheriff. This was a bill to set aside the certificate, and to restrain the sheriff from executing a deed to Tozer. The Court below dismissed the plaintiff’s bill, and the plaintiff appealed.
It is objected in this Court, for the first time, by the counsel of defendant Tozer, that the wife of plaintiff was not joined with him in the suit. This defect was apparent…
2Cases cited2 opinions
- Andrews v. Mokelumne Hill Co.California Supreme Court · 1857
- Dorsey v. McFarlandCalifornia Supreme Court · 1857
3Cited by6 opinions
- Elliott v. BondSupreme Court of Oklahoma · 1918
- Williams v. Southern Pacific RailroadCalifornia Supreme Court · 1896
- Grotberg v. First Nat. Bank.North Dakota Supreme Court · 1926
- Von Gordon v. GoldamerNorth Dakota Supreme Court · 1907
- King v. ClaySupreme Court of Arkansas · 1879
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