Legal Opinion

Wilson v. Madison

California Supreme Court

Decided July 1, 1881No. 7,657PublishedCited by 5 opinions

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

  1. McCracken v. HarrisCalifornia Supreme Court · 1879

3Cited by5 opinions

  1. Beaton v. ReidCalifornia Supreme Court · 1896
  2. Swearingen v. ByrneCalifornia Court of Appeal · 1977
  3. Wall v. DugganMontana Supreme Court · 1926
  4. Hanson v. MorrisonIdaho Supreme Court · 1917
  5. Brown v. HudsonUnited States Bankruptcy Court, E.D. California · 2021

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