Hickman v. O'Neal
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin, This was a suit in equity to prevent the sale, under execution, by the defendant O’Neal, as sheriff of San Joaquin county, of certain real estate, claimed and possessed by the plaintiff.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin, This was a suit in equity to prevent the sale, under execution, by the defendant O’Neal, as sheriff of San Joaquin county, of certain real estate, claimed and possessed by the plaintiff. The respondent filed this bill, averring his possession of and title to certain real estate in the city of Stockton, which he purchased at sheriff’s sale, under an execution against Adams & Co., and also claimed it under a tax sale. The judgment under which respondent claimed title, was rendered in the late Superior Court of…
1ConcurrenceField, J.
The right of a party to enjoin a sale of his property for another’s debt is not denied, and is supported by several decisions of this Court. The appellant’s defence is, that no sale to the plaintiff, passing the title to the lots, has been shewn; but that the title still remains in Adams & Co. The ground of this claim is, that the Superior Court of San Francisco was a Municipal Court, and had no power to send its process to enforce its judgments beyond the limits of that city. Ho point is made as to the regularity of the judgment or proceedings under it.
In support of this position, the…
2Cases cited1 opinion
- Nugent v. StateSupreme Court of Alabama · 1850
3Cited by7 opinions
- Bishop v. MoormanIndiana Supreme Court · 1884
- Chapman v. ReddickSupreme Court of Florida · 1899
- McCauley v. FultonCalifornia Supreme Court · 1872
- Courtwright v. Bear River & Auburn Water & Mining Co.California Supreme Court · 1866
- Ex parte StratmanCalifornia Supreme Court · 1870
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