Packard v. Bird
California Supreme Court
Appeal from tbe District -Court of the Third District, Santa Clara County. Action to compel execution of a deed. In 1864 Bird sold land to Chapman, received his money, bat gave a bond for a deed at Chapman’s request. Cottle attached the land then in Bird’s possession, as the property of Chapman. Bird .answered it was Chapman’s property, but that $750 was due therein.
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Appeal from tbe District -Court of the Third District, Santa Clara County. Action to compel execution of a deed. In 1864 Bird sold land to Chapman, received his money, bat gave a bond for a deed at Chapman’s request. Cottle attached the land then in Bird’s possession, as the property of Chapman. Bird .answered it was Chapman’s property, but that $750 was due therein. Subsequently admitting he had been paid, Cottle had an execution issued and a sale toot place, Cottle buying in, and subsequently assigning to Packard the respondent, who received a deed and possession, and demanded a deed from…
1Opinion of the CourtRhodes, C. J.
The appeal was taken from the judgment alone. The plaintiff objects, under rule thirteen, to certain portions of the transcript. The objection must be overruled, as to the order sustaining the demurrer to the cross-complaint, and the bill of exceptions, because they properly constitute a part of the judgment roll. The motion to strike out portions of the answer will also be retained, as it is referred to in the bill of exceptions — one of the points therein saved, being the order sustaining the *383motion. Tbe statute does not expressly provide that an interlocutory judgment shall constitute a…
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- Rust v. StateCourt of Criminal Appeals of Texas · 1892
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