Goldstein v. Kelly

Decided July 1, 1876

California Supreme Court · decided 1876-07-01

The plaintiff averred in his complaint that, on the 17th of April, 1866, Simon Jones owned a lot on Mission street, near Seventeenth street, and sold and conveyed it to Thomas Jones; that on the 12th day of November, 1867, the Board of Supervisors levied an assessment of $644.93 against Thomas Jones for grading the street in front of the premises; that the assessment was assigned to B. F. Dennison, the contractor, who, on the 12th day of November, 1869, commenced suit on it…

Cited by 2 later decisions — most recently January 1897

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1876-07-01

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By the Court:

¶1No doubt a court of equity will interfere by injunction to prevent a cloud upon a title; but it is not deemed necessary to exercise the authority in that respect to the injury of strangers. Neither of the cases relied upon by the appellant present the features of this case in that respect.

¶2We think the court below was correct in the exercise of its judicial discretion upon this point.

¶3We have no doubt that after a sale shall have been made and the delivery of a deed threatened, the motion as made in this case might be properly made.

¶4Order affirmed.