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3 Cal. 284

Wheeler v. Hays

California Supreme Court

Decided October 15, 1853

California Supreme Court · decided 1853-10-15

The complaint in this case set forth that Charles Brown and Robert T. Ridley, on the 17th March, 1851, became endorsers of a promissory note for $1275, made by E. D. Smith in favor of W. G. Taylor, payable thirty days after date, upon which, on the 23d April, 1851, suit was brought by Taylor against the said drawer and endorsers, and judgment obtained against the said Brown and Ridley, July 2d, 1851, for $1472 37 and costs.

Cited by 2 later decisions — most recently November 1958

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1853-10-15

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¶1The opinion of the Court was delivered by

Heydenfeldt, Justice.

¶2Wells, Justice, concurred.

¶3The plaintiff filed a complaint, which, we suppose, was intended' to operate as an application for a mandamus to compel the defendant, as sheriff, to execute a deed for a tract of land, purchased by plaintiff, at sheriff’s sale.

¶4The sheriff answers, as the reason for his refusal to make the *287deed, that the land had been redeemed, by Stewart and Thorn as the successors in interest of the defendant in execution.

¶5This presented the only issue of fact to be determined, and the court found distinctly in favor of the plaintiff. 1st. That Stewart and Thorn are not the successors in interest of Ridley, the defendant in execution, and next, that the land claimed by Stewart and Thorn, as successors in interest to Ridley, is not the property sold by the sheriff to the plaintiff.

¶6This finding of facts by the court, must have the same legal effect as if found by a jury, and therefore not being the subject of review by this court, they are conclusive of the case.

¶7Judgment affirmed.

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