Peterson v. Weissbein
California Supreme Court
Appeal from a judgment of the Superior Court of Nevada County, and from an order denying a new trial. The action was ejectment, in which the plaintiff’s prior title was admitted. The defendants claimed under a constable’s sale and deed of the plaintiff’s title under an execution against the plaintiff.
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Appeal from a judgment of the Superior Court of Nevada County, and from an order denying a new trial. The action was ejectment, in which the plaintiff’s prior title was admitted. The defendants claimed under a constable’s sale and deed of the plaintiff’s title under an execution against the plaintiff. The prior action referred to in the opinion was an action by the plaintiff to quiet title against the defendants’ grantor, and to set aside the judgment and execution sale on the ground of want of jurisdiction because the complaint was filed upon a legal holiday. Further facts are stated in the…
1Opinion of the CourtWorks, J.
On a former appeal this cause was reversed on the ground that the defendants, who relied upon a constable’s deed to establish their title, had not made out. their case, for the reason that they had failed to introduce in evidence the judgment and- execution on which the deed was based. (Peterson v. Weissbein, 75 Cal. 174.) On, a second trial this evidence was supplied, and judgment was again rendered for the defendants.
The plaintiff objected to the introduction of the judgment and execution in evidence, on the ground that the judgment was invalid. But it was, shown by the evidence that in an…
2Cases cited1 opinion
- Peterson v. WeissbeinCalifornia Supreme Court · 1888
3Cited by30 opinions
- Geibel v. State BarCalifornia Supreme Court · 1939
- Liuzza v. BellCalifornia Court of Appeal · 1940
- Tomkins v. TomkinsCalifornia Court of Appeal · 1948
- Reclamation District No. 785 v. Lovdal Bros.California Court of Appeal · 1919
- Green v. GreenCourt of Appeals for the Ninth Circuit · 1938
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