3 Cal. 266
Decided October 15, 1853
California Supreme Court · decided 1853-10-15
This was an action to recover possession of a tract of land. In producing his title, the plaintiff gave in evidence, a deed executed by the deputy sheriff in his own name, arising out of the foreclosure of a mortgage, under which plaintiff claimed. The deed was excepted to, but admitted by the court, who rendered judgment for the plaintiff. Defendant appealed.
Cited by 2 later decisions — most recently January 1885
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1853-10-15
View the full empirical analysis of this case →
¶1delivered the opinion of the court. Murray, Chief Justice, concurred.
¶2Although a sheriff’s deputy may execute a deed for property sold under execution, he must execute it in the name of the sheriff. This principle has been settled by a long current of authorities, and as it is decisive of this action, it is unnecessary to enter into the consideration of the other cpiestions raised on the record.
¶3Judgment reversed, and cause remanded.