Hewell v. Lane
California Supreme Court
• Appeal from the District Court of the Fifth Judicial District, Stanislaus County. Application for a writ of mandamus to compel Thomas W. Lane, as Sheriff, to execute to the plaintiff a deed of conveyance to certain real property.
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• Appeal from the District Court of the Fifth Judicial District, Stanislaus County. Application for a writ of mandamus to compel Thomas W. Lane, as Sheriff, to execute to the plaintiff a deed of conveyance to certain real property. Thomas W. Lane was Sheriff of Stanislaus County from March, 1868, to March, 1870. In October, 1869, in accordance with a judgment, decree of foreclosure and order of sale, he sold three hundred and eighteen acres of land at public auction for the sum of thirty-three dollars and eighty-six cents, being the amount of taxes with the costs assessed against the property…
1Opinion of the Court
By the Court :
The return of the Sheriff, as remaining on file, in the case of The People v. South Half of Section Nineteen, shows that the land in question was, in point of fact, sold to the plaintiff as being the highest bidder, (“ to A. Hewell, who made the highest bid therefor,”) and not as the person who would talse the smallest or least quantity of the land, and pay the tax adjudged due. In view of the facts stated in the return, therefore, the defendant, (who was the Sheriff who made the sale) ought not to deliver a deed to the plaintiff, as purchaser, and should he do so, such deed…
2Cited by4 opinions
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