Wheaton v. Neville
California Supreme Court
Appeal from the Seventh District. Suit to enjoin a Sheriff’s sale of real estate, as creating a cloud upon the title. Scott, Vantine & Co. and Dimock were, on the twenty-sixth of August, 1859, creditors of H. C. Brown. On that day, Scott, "Vantine & Co. commenced suit, by attachment, against Brown, and the proceedings stated in the opinion of the Court were had in execution of the writ.
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Appeal from the Seventh District. Suit to enjoin a Sheriff’s sale of real estate, as creating a cloud upon the title. Scott, Vantine & Co. and Dimock were, on the twenty-sixth of August, 1859, creditors of H. C. Brown. On that day, Scott, "Vantine & Co. commenced suit, by attachment, against Brown, and the proceedings stated in the opinion of the Court were had in execution of the writ. Subsequently, on the twenty-fourth of September following, Scott, "Vantine & Co. had judgment, on which execution was afterwards issued, and the property in question levied on and advertised for sale. Dimock…
1Opinion of the CourtField, C. J.
—Baldwin, J. concurring.
The statute provides that an attachment of real property shall be made by the officer to whom the writ is directed, “ by leaving a copy of the writ with the occupant thereof; or, if there be no occupant, by posting a copy in a conspicuous- place thereon, and filing a copy, together with a description of the property attached, with the Recorder of the county.” (Prac. Act, sec. 125.) The *45two acts prescribed—the delivery to the occupant of a copy of the writ, or the posting of a copy upon the premises, as the case may be, and the filing of a copy with the Recorder,…
2Cases cited3 opinions
- Dana v. StanfordsCalifornia Supreme Court · 1858
- Worland v. KimberlinCourt of Appeals of Kentucky · 1846
- Kennaird v. AdamsCourt of Appeals of Kentucky · 1850
3Cited by10 opinions
- Ellis v. A. S. Valentine & SonTexas Supreme Court · 1886
- Lucas v. Clafflin & Co.Supreme Court of Virginia · 1882
- Ross v. SedgwickCalifornia Supreme Court · 1886
- Wyzard v. GollerCalifornia Court of Appeal · 1994
- Pueblo v. ColónSupreme Court of Puerto Rico · 1937
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