Legal Opinion

Frazier v. Crowell

California Supreme Court

Decided July 1, 1877No. 5486PublishedCited by 12 opinions

Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. Ejectment to recover a lot on the west side of Leavenworth Street, between California and Sacramento Streets, San Francisco. On the 17th of February, 1871, G. W. Tyler recovered a judgment against the defendant in the Fifteenth District Court for five hundred and fifty dollars.

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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. Ejectment to recover a lot on the west side of Leavenworth Street, between California and Sacramento Streets, San Francisco. On the 17th of February, 1871, G. W. Tyler recovered a judgment against the defendant in the Fifteenth District Court for five hundred and fifty dollars. On the 21st of March following, an execution was issued on the judgment, and on the 4th of September following, the property was sold by the Sheriff to said Tyler, in two parcels, for six hundred and fifty dollars. On the…

1Opinion of the Court

A purchaser at a Sheriff’s sale may take an assignment of judgments against the defendant in the execution. The payment by Crowell to the Sheriff did not effect a redemption. *401She did not pay the McCracken judgment. Tile statute concerning redemptions must be strictly followed. (Dickenson, v. Gilliland, 1 Cowen, 498; People v. Coveil, 18 Wend. 593; People v. Sheriff of Broome, 19 Wend. 87 ; Waller v. Harris. 20 Wend. 555; Ex parte Raymond, 1 Denio, 272; Ex parte Peru Iron Company, 7 Cowen, 560.)

Birch & Griffith, for the Respondent.

Who are redemptioners is no longer an open question under the…

2Cases cited3 opinions

  1. Waller v. HarrisNew York Supreme Court · 1838
  2. People ex rel. Collier v. Sheriff of BroomeNew York Supreme Court · 1838
  3. Ex parte RaymondCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by12 opinions

  1. Murphy v. BennettCalifornia Supreme Court · 1886
  2. Dam v. ZinkCalifornia Supreme Court · 1896
  3. People v. McCueCalifornia Supreme Court · 1907
  4. Fitzpatrick v. UnderwoodCalifornia Supreme Court · 1941
  5. Daly v. SoroccoCalifornia Supreme Court · 1889

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