4 Cal. 247
Decided July 15, 1854
California Supreme Court · decided 1854-07-15
This was an action of ejectment brought in the County of Santa Clara, by the plaintiff, as a purchaser ar Sheriff’s sale, to recover a tan-yard, and other real estate in said county, adjoining the town of .Santa Clara. The venue for the trial, by consent of parties, was changed to Contra Costa County, and the case tried by the Court without a jury.
Cited by 1 later decisions — most recently November 1925
1 state decisions
Relies on Tartar v. Hall
Good law ✅— No negative treatment on recordhow we know
Decided 1854-07-15
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¶1
¶2The plaintiff claims under a Sheriff’s sale. The execution, was upon a decree of foreclosure of a mortgage, executed, and given by the defendant. He is therefore estopped from setting up the defenses attempted in this case. So we decided in the case of Tartar v. Hall, 3 Cal. 263.
¶3Judgment affirmed.
¶4Motion for a rehearing and review denied.