Jefferson v. Wendt
California Supreme Court
Appeal from the District Court of the Twentieth Jndicial District, County of Santa'Clara. Ejectment to recover a lot in San Jose, county of Santa Clara. Ellen Brandon was in possession of the lot in 1862. The taxes in said city were collected by action. The tax of 1862 not having been paid, suit was commenced in Justice’s Court, and service had on Mrs. Brandon, and judgment rendered against her.
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Appeal from the District Court of the Twentieth Jndicial District, County of Santa'Clara. Ejectment to recover a lot in San Jose, county of Santa Clara. Ellen Brandon was in possession of the lot in 1862. The taxes in said city were collected by action. The tax of 1862 not having been paid, suit was commenced in Justice’s Court, and service had on Mrs. Brandon, and judgment rendered against her. A transcript of the judgment was filed in the county clerk’s office, and an execution issued, and, on the twenty-fifth of March, 1865, the sheriff sold the lot to the plaintiff. On the twenty-seventh…
1Opinion of the Court
By the Court:
The court below held that the Statute of Limitations had operated a bar to the plaintiff’s claim. This was put upon the ground that in 1865 or 18.66 there was a delivery of the sheriff’s deed to the plaintiff. But it is apparent that no deed was delivered to the plaintiff until June, 1873, and the action was commenced in 1874. .
Judgment reversed and cause remanded for a new trial. Remittitur forthwith.
2Cited by12 opinions
- Laubisch v. RoberdoCalifornia Supreme Court · 1954
- Robinson v. ThorntonCalifornia Supreme Court · 1893
- Dobbins v. Economic Gas Co.California Supreme Court · 1920
- Leonard v. FlynnCalifornia Supreme Court · 1891
- Comstock v. FinnCalifornia Court of Appeal · 1936
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