Legal Opinion

Lynch v. Kelly

California Supreme Court

Decided July 1, 1871No. 2,552PublishedCited by 22 opinions

Appeal from the District Court of the Third Judicial Dis: trict, Santa Clara County. Ejectment to recover the land sold under the execution, and described in the- Sheriff’s deed, mentioned in the opinion. The Court below rendered judgment in favor of the defendant. The plaintiff appealed. The other facts are stated in the opinion.

1Opinion of the Court

By the Court, Wallace, J.:

Upon the trial had before him, the Justice of the Peace entered in his docket the verdict of the jury, as rendered, in the following words: “We, the undersigned, jurors in the case of Rosa Lynch v. William Kelly, find for the plaintiff one hundred and seventy-nine dollars in gold coin;” and subsequently, upon the application of the plaintiff, issued an execution which recited that a judgment had been rendered by him for that much money, and costs of suit.

*233Under a Sheriff’s sale upon the execution, the plaintiff purchased the premises and received a Sheriff’s deed…

2Cases cited1 opinion

  1. Felter v. MullinerNew York Supreme Court · 1807

3Cited by22 opinions

  1. Montgomery v. ViersCourt of Appeals of Kentucky · 1908
  2. McConnell v. BourlandSupreme Court of Arkansas · 1927
  3. Jones v. CarnahanIndiana Supreme Court · 1878
  4. In re BreckenridgeNevada Supreme Court · 1911
  5. Wilson v. OtisSupreme Court of New Hampshire · 1902

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