Wilson v. Madison
California Supreme Court
Appeal from a judgment in favor of the defendant, and from an order denying a new trial in the Superior Court of San Diego County. McNealy, J. The case was before the Court on a former appeal, and is reported in 55 Cal. 5.
1Opinion of the Court
The Court :
An attachment from a Justice’s Court was levied upon the premises in question October 21st, 1876; judgment was had in the action November 6th, 1876—but no abstract was filed or recorded in the Recorder’s office; the declaration of homestead was made November 10th, 1876; and thereafter proceedings were had for a sale under the Justice’s execution. At the time of the declaration the judgment did not constitute a lien upon the premises within Section 1241, Civil Code, (McCracken v. Harris, 54 Cal. 81; Sullivan v. Hendrickson, id. 258.) The Court found that Hartfield resided on the…
2Cases cited1 opinion
- McCracken v. HarrisCalifornia Supreme Court · 1879
3Cited by5 opinions
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