Reynolds v. Lincoln
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. The action was brought to quiet title to certain real estate.
Read the full summary
Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. The action was brought to quiet title to certain real estate. On the trial, the defendant Lincoln, for the purpose of showing title in himself, offered in evidence the judgment by confession referred to in the opinion, under which the premises in controversy were attempted to be sold to his grantors; also a copy of articles of association of the Sutter Land Company, under whom he claimed; and the tax deed referred to in the opinion. The court excluded the offered evidence, to which…
1Opinion of the CourtThornton, J.
There was no error in excluding the sheriff’s deed to Milliken. The judgment on which the sale was made and upon which the deed was executed was void. The judgment was one by confession, and was made under the act of 1850. (See Stats. 1850, p. 454, sec. 293.)
The statement was not signed by the parties personally, as required by the statute. Cheever’s name was signed to the statement by his attorneys, Kewen and Morrison. This was not sufficient. (Chapin v. Thompson, 20 Cal. 687, 688; see also French v. Edwards, 2 Pac. C. L. J. 149, where this judgment and deed were passed on and held void.)…
2Cases cited13 opinions
- French v. EdwardsSupreme Court of the United States · 1872
- Brandt v. WheatonCalifornia Supreme Court · 1877
- Jenkins v. FrinkCalifornia Supreme Court · 1866
- De Boom v. PriestlyCalifornia Supreme Court · 1850
- Chapin v. ThompsonCalifornia Supreme Court · 1862
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Newport v. HattonCalifornia Supreme Court · 1924
- Asevado v. OrrCalifornia Supreme Court · 1893
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Alexander v. Central Lumber & Mill Co.California Supreme Court · 1894
- Bollinger v. BollingerCalifornia Supreme Court · 1908
22 more not listed; retrieve them via the Exa API.