Allen v. Currey
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, Contra Costa County. The facts out of which this case arose are stated in Currey v. Allen, 34 Cal. 254. The complaint in this case averred that Currey recovered a judgment against Joaquin Y. Castro on the 24th day of October, 1855; that an execution was issued October 26th, 1855; and the Sheriff, on the 29th day of Yovember, 1855, sold the land, and that plaintiff became the purchaser, and received the…
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Appeal from the District Court of the Fifteenth Judicial District, Contra Costa County. The facts out of which this case arose are stated in Currey v. Allen, 34 Cal. 254. The complaint in this case averred that Currey recovered a judgment against Joaquin Y. Castro on the 24th day of October, 1855; that an execution was issued October 26th, 1855; and the Sheriff, on the 29th day of Yovember, 1855, sold the land, and that plaintiff became the purchaser, and received the Sheriff’s certificate of sale; and that the Sheriff, on the 25th of April, 1863, gave him a deed; that on the 24th of August,…
1Opinion of the Court
By the Court, Crockett, J.:
In the action of Currey v. Allen the precise point in issue was whether or not Currey had authorized Allen to bid in the land in contest, at the execution sale, in Allen’s name and for his own benefit; or whether, in bidding it in, Allen .was acting only as the agent and attorney of Currey. This was the only point in contest; and each of the parties testified in his own behalf, and there was no other evidence in the cause. The judgment was in favor of Currey; and after a motion for a new trial, which was denied, Allen appealed to this Court. On the hearing of the…
2Cases cited1 opinion
- Currey v. AllenCalifornia Supreme Court · 1867
3Cited by15 opinions
- Pico v. CohnCalifornia Supreme Court · 1891
- People v. MooneyCalifornia Supreme Court · 1918
- People v. EganCalifornia Court of Appeal · 1946
- Wilson v. WilsonCalifornia Court of Appeal · 1942
- McDougall v. WallingWashington Supreme Court · 1899
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