Alverson v. Jones
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This was an action to restrain the defendants from selling, under an execution, certain real property belonging to the plaintiff.
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Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This was an action to restrain the defendants from selling, under an execution, certain real property belonging to the plaintiff. The plaintiff in her complaint alleges that in February, 1855, she made her declaration in writing, before a notary public of El Dorado county, “ whereby she declared that she intended to carry on business in her own name and on her own account; and that such business was the business of livery-stable keeping, and trading in horses, and all things appertaining to such business;…
1ConcurrenceTerry, C. J.
The defendants insist that the deed of the sheriff would be no cloud upon the title of the plaintiff, and this is the only question in the case.
In the case of Shattuck v. Carson, (2 Cal. Rep., 588,) the property was sold by one Griffith to plaintiff, by regular deed, in February, 1852, and after this sale the property was levied upon as the ¡property of Griffith. This Court decided that the deed of the sheriff would have been a cloud upon the title of. Shattuck. In that case the entire title had passed, by deed, from Griffith to Shattuck; and Griffith had no interest in the land that could…
2Cases cited1 opinion
- Shattuck v. CarsonCalifornia Supreme Court · 1852
3Cited by8 opinions
- Olson v. CornwellCalifornia Court of Appeal · 1933
- Humbird Lumber Co. v. DoranIdaho Supreme Court · 1913
- Culver v. RogersCalifornia Supreme Court · 1865
- Huntington v. Central Pac. R.U.S. Circuit Court for the District of California · 1874
- Adams v. KnowltonCalifornia Supreme Court · 1863
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