Legal Opinion

Currey v. Allen

California Supreme Court

Decided July 1, 1867PublishedCited by 12 opinions

Appeal from the District Court, Fifteenth Judicial District, County of Contra Costa. On the 24th day of October, 1855, the plaintiff recovered a judgment against the defendant in the District Court of Contra Costa County, for three hundred dollars and costs.

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Appeal from the District Court, Fifteenth Judicial District, County of Contra Costa. On the 24th day of October, 1855, the plaintiff recovered a judgment against the defendant in the District Court of Contra Costa County, for three hundred dollars and costs. On the 26th day of October, 1855, an execution was issued on the judgment, and on the 29th day of November following the Sheriff sold a tract of land by virtue of the execution, and the defendant became the purchaser and received a certificate of purchase. Ro redemption was made of the premises, and on the 25th day of August, 1863, the…

1Opinion of the Court

By the Court, Rhodes, J.:

The Sheriff was about to sell certain real estate under an execution issued upon a judgment in favor of the plaintiff, when the plaintiff requested the defendant to attend the sale as his agent, and purchase the property, (if the bids did not exceed the judgment,) and to have the Sheriff credit the amount of the bid on the execution. The defendant undertook the business.and bid off* the property, and the amount of the bid was credited on the execution, and the plaintiff paid the Sheriff’s fees. The defendant, instead of purchasing the property in the name of the…

2Cases cited2 opinions

  1. Kane v. BloodgoodNew York Court of Chancery · 1823
  2. Sublette v. TinneyCalifornia Supreme Court · 1858

3Cited by12 opinions

  1. Riley v. MartinelliCalifornia Supreme Court · 1893
  2. Hecht v. SlaneyCalifornia Supreme Court · 1887
  3. Case v. CoddingCalifornia Supreme Court · 1869
  4. Allen v. CurreyCalifornia Supreme Court · 1871
  5. Pickens v. MerriamCourt of Appeals for the Ninth Circuit · 1917

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