Alderson v. Bell & Wife
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This was an action of ejectment brought against Alfred Bell, to recover possession of a house and lot in the city of Placerville. Plaintiff purchased the premises under an order of sale, issued on a judgment of foreclosure of mortgage against Bell and wife, and in favor of himself. A sheriff’s deed was duly executed and delivered by the sheriff 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 of ejectment brought against Alfred Bell, to recover possession of a house and lot in the city of Placerville. Plaintiff purchased the premises under an order of sale, issued on a judgment of foreclosure of mortgage against Bell and wife, and in favor of himself. A sheriff’s deed was duly executed and delivered by the sheriff to the plaintiff. The mortgage foreclosed was executed by both Bell and his wife. Bell filed his answer, denying the allegations in the complaint, and setting up the…
1Opinion of the CourtField, J.
This was an action of ejectment, to recover certain premises situated in Placerville. The plaintiff asserts title to them by virtue of a sheriff’s deed, executed to him.as purchaser at a sale under a decree recovered against the defendants in a foreclosure case. On the trial, the plaintiff gave in evidence the record of the decree, and proceedings in the foreclosure case; to which objection was taken, on the ground that they did not disclose any service upon the defendants, as required by statute. The objection was overruled, and the plaintiff had judgment.
The only evidence of service of…
2Cases cited2 opinions
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