Legal Opinion

De Celis v. Porter

California Supreme Court

Decided October 15, 1881No. 7,728PublishedCited by 6 opinions

Appeal from a judgment for the plaintiffs and from an order denying a new trial, in the Superior Court of Los Angeles County. Howard, J. Action to quiet title to an undivided thirteen-fourteenths of the land described in the complaint.

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Appeal from a judgment for the plaintiffs and from an order denying a new trial, in the Superior Court of Los Angeles County. Howard, J. Action to quiet title to an undivided thirteen-fourteenths of the land described in the complaint. The material facts of the case as found by the Court will appear from the following schedules of title: respondents’ title. 1. The title of the estate of Eulogio F. de Celis, deceased, to the north half of the Rancho Ex-Mission of San Fernando, including the land in controversy—admitted. 2. Eulogio F. de Celis, Administrator of Eulogio de Celis, deceased, with…

1Opinion of the Court

The Court:

This case was heard and decided by Department Two, and the following opinion was filed therein:

“ That E. F. de Cells held whatever of the legal title to the premises in controversy was conveyed to him by Porter and Maclay, in trust for the plaintiffs, is beyond question. The attachment and the execution sale were of his interest only. The rights of the plaintiffs were not thereby affected. 1 Upon a sale of real property the purchaser is substituted to, and acquires all. the right, title, interest, and claim of, the judgment debtor thereto.’ (Sec. 709, C. C. P.)”

After a hearing in…

2Cited by6 opinions

  1. Ward v. WatermanCalifornia Supreme Court · 1890
  2. Richman v. Bank of PerrisCalifornia Court of Appeal · 1929
  3. Dennison v. ChapmanCalifornia Supreme Court · 1895
  4. Finnie v. SmithCalifornia Court of Appeal · 1927
  5. Goldberg, Bowen & Co. v. DemickCalifornia Court of Appeal · 1926

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