Legal Opinion

Perham v. Kuper

California Supreme Court

Decided August 25, 1882No. 8,145PublishedCited by 3 opinions

Appeal^ from a judgment for the plaintiff and from an order denying a new trial in the Superior Court of the County of Trinity. Jomes, J. A petition for hearing in bank was filed in this case after judgment and denied.

1Opinion of the Court

The Court :

James Patterson owned a mine. Plaintiff claimed to have *332acquired the title to the mine through a sale under a decree purporting to foreclose a lien of a material-man; and introduced in evidence the judgment roll in an action Perham v. Patterson, an order of sale, Sheriff’s return thereon, and Sheriff’s deed to plaintiff. Defendants, appellants, allege here that the sale under the decree was void as against defendants, who were attaching creditors.

When the judgment-roll was offered, the relation of defendants to the property had not been made to appear, and there is, in the bill of…

2Cases cited1 opinion

  1. Gross v. FowlerCalifornia Supreme Court · 1863

3Cited by3 opinions

  1. California Improvement Co. v. QuinchardCalifornia Supreme Court · 1897
  2. Bessinger v. GrotzCalifornia Court of Appeal · 1944
  3. Davis v. LambCalifornia Supreme Court · 1893

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