Montgomery v. Robinson

Decided July 1, 1874

California Supreme Court · decided 1874-07-01

Ejectment to recover lot 6 in block 15, in the town of Princeton, County of Colusa. The plaintiff recovered a judgment against Thomas Long in the County Court of Colusa County, on the 17th day of July, 1871. Long was at this time the owner of the demanded premises. In January, 1873, an execution was issued on the judgment, and the lot was sold to the plaintiff, by the sheriff.

Relies on Blood v. Light · Clark v. Sawyer

Decided 1874-07-01

By the Court, McKinstry, J.:

¶1It was not error to overrule the objection -to the sheriff’s *260deed. The judgment and execution were proved independently of the deed, and the deed itself recites enough to show the authority of the officer—that the sale was made under and by virtue of an execution issued upon a judgment of the County Court, in an action wherein A. Montgomery was plaintiff, and Thomas Long defendant. These facts bring the case within the rule laid down in Clark v. Sawyer, 48 Cal. 133. (See also Blood v. Light, 38 Cal. 657.)

¶2Judgment affirmed.

¶3Mr. Chief Justice Wallace, did not express an opinion.