Legal Opinion

Hart v. Burnett

California Supreme Court

Decided July 1, 1860PublishedCited by 130 opinions

Appeal from the Fourth District. Ejectment for a number of fifty-vara lots in the city of San Francisco. Plaintiff claims under a Sheriff’s sale upon an execution issued Nov. 1851, upon a judgment rendered in September of that year, in favor of Jesse D. Carr, against the city of San Francisco, and a Sheriff’s deed based on such sale. The deed was executed in June, 1852, to one Thorne, from whom, by mesne conveyances, the title passed to plaintiff.

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Appeal from the Fourth District. Ejectment for a number of fifty-vara lots in the city of San Francisco. Plaintiff claims under a Sheriff’s sale upon an execution issued Nov. 1851, upon a judgment rendered in September of that year, in favor of Jesse D. Carr, against the city of San Francisco, and a Sheriff’s deed based on such sale. The deed was executed in June, 1852, to one Thorne, from whom, by mesne conveyances, the title passed to plaintiff. Plaintiff had judgment below, defendants appeal. It is unnecessary to state particularly the facts, or the precise form in which the questions…

1Opinion of the CourtBaldwin, J.

Field, C. J. concurring.

*537The immense interests involved in the decision of this case have drawn to it a laborious and careful examination by numerous and able counsel, of the various points and considerations connected with the controversy. Probably no cause ever submitted to this Court has been more thoroughly and learnedly discussed, both at the bar and in written and printed arguments. We have postponed the decision from time to time for further examination and argument; for we were unwilling to pass upon the question until all attainable sources of correct and reliable information had been…

2Cases cited27 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
  3. United States v. PerchemanSupreme Court of the United States · 1833
  4. Polk's Lessee v. WendalSupreme Court of the United States · 1815
  5. United States v. ClarkeSupreme Court of the United States · 1834

22 more not listed; retrieve them via the Exa API.

3Cited by130 opinions

  1. Lux v. HagginCalifornia Supreme Court · 1886
  2. Consumers Lobby Against Monopolies v. Public Utilities CommissionCalifornia Supreme Court · 1979
  3. Paterno v. StateCalifornia Court of Appeal · 1999
  4. City of Los Angeles v. City of San FernandoCalifornia Supreme Court · 1975
  5. Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860

125 more not listed; retrieve them via the Exa API.

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