Legal Opinion

Chapin & Mastick v. Broder

California Supreme Court

Decided July 1, 1860PublishedCited by 29 opinions

Appeal from the Third District. Suit against several parties, among whom were Broder, Sheriff, Freaner and Hibberd, to quiet title to a tract of land in Alameda county, containing about four hundred and forty-six acres, originally owned by W. W. Chipman and Gideon Aughenbaugh, and to restrain these defendants from obtaining a deed from Broder on sales made by him as Sheriff. The question involved is one of priority between purchasers at Sheriff’s sales.

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Appeal from the Third District. Suit against several parties, among whom were Broder, Sheriff, Freaner and Hibberd, to quiet title to a tract of land in Alameda county, containing about four hundred and forty-six acres, originally owned by W. W. Chipman and Gideon Aughenbaugh, and to restrain these defendants from obtaining a deed from Broder on sales made by him as Sheriff. The question involved is one of priority between purchasers at Sheriff’s sales. The case was referred to John Currey, who reported a decree in favor of Mastick for two hundred and twenty-three acres, through the Drexel,…

1Opinion of the CourtCope, J.

Baldwin, J. concurring.

This is an action to quiet the title to certain land in the county of Alameda. The land is divided into three tracts, one of which contains two hundred and twenty-three acres, and the other two, one hundred and eleven acres each. Chapin and Mastick, the plaintiffs, and Hibberd and Freaner, defendants, are the only parties interested in the controversy. Chapin claims to be the owner of the two tracts of one hundred and eleven acres, and Mastick claims the tract of two hundred and twenty-three acres. Hibberd claims all three of the tracts, and the tract of two hundred and…

2Cases cited3 opinions

  1. Rollins v. ForbesCalifornia Supreme Court · 1858
  2. Dore v. CoveyCalifornia Supreme Court · 1859
  3. Dewey v. LatsonCalifornia Supreme Court · 1856

3Cited by29 opinions

  1. Englund v. LewisCalifornia Supreme Court · 1864
  2. Simpson v. CastleCalifornia Supreme Court · 1878
  3. Hobbs v. DuffCalifornia Supreme Court · 1863
  4. Hibberd v. SmithCalifornia Supreme Court · 1875
  5. Hotchkiss v. SmithCalifornia Supreme Court · 1895

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