Legal Opinion

Fogarty v. Sawyer

California Supreme Court

Decided July 1, 1863PublishedCited by 4 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The facts of this case which are not stated in the opinion of the Court, will be found in the former report of the same case (17 Cal. 589). The defendant recovered judgment and the plaintiff appealed.

1Opinion of the CourtCope, C. J.

This is an action to recover a fifty-vara lot, in the City of San Francisco. The parties deraign title from the same source—the plaintiff under a conveyance executed in June, 1854, and the defendant under a sale made in October, 1852, in pursuance of a power contained in a mortgage. The validity of this power, and its effect as authority for the sale, were determined on a former appeal. (17 Cal. 589.) The same questions are again presented, but we regard the former decision as conclusive. In addition to these, however, various questions are raised by the appellant, relating principally to the…

2Cases cited1 opinion

  1. Fogarty v. SawyerCalifornia Supreme Court · 1861

3Cited by4 opinions

  1. Harris v. SeidellCalifornia Court of Appeal · 1934
  2. Palmer v. YoungSupreme Court of Georgia · 1895
  3. Stockwell v. BarnumCalifornia Court of Appeal · 1908
  4. Kennedy v. DunnCalifornia Supreme Court · 1881

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