Forbes v. Hyde
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Ejectment to recover possession of a lot at the corner of Mission and Ridley streets, City of San Francisco. In October, 1854, John Baxter was in possession of the demanded premises, and on the seventh day of that month quitclaimed the same to Thomas Harris.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Ejectment to recover possession of a lot at the corner of Mission and Ridley streets, City of San Francisco. In October, 1854, John Baxter was in possession of the demanded premises, and on the seventh day of that month quitclaimed the same to Thomas Harris. Harris, on the 30th of December following, executed to Marriott & Wheeler a mortgage on the same premises, which was afterwards assigned to B. S. Brooks. The plaintiff was the purchaser at Sheriff’s sale, made under a judgment foreclosing this…
1Opinion of the Court
By the Court, Sawyer, J.:
The plaintiff’s title to the land in controversy is derived through a judgment in favor of B. S. Brooks, foreclosing a mortgage executed by one Harris, and a Sheriff’s sale and deed *345thereunder. When plaintiff offered the j udgment roll in the case of Brooks v. Harris in evidence, as one of the links in his chain of title, the defendant objected on the ground, substantially, that it appeared from the judgment roll that the Court never acquired jurisdiction of the person of defendant, Harris, and that the judgment was, therefore, void. The judgment against Harris was by…
2Cases cited6 opinions
- Den v. TurnerSupreme Court of the United States · 1824
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3Cited by92 opinions
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