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59 Cal. 464

De Celis v. Porter

California Supreme Court

Decided October 15, 1881

California Supreme Court · decided 1881-10-15

Howard, J. Action to quiet title to an undivided thirteen-fourteenths of the land described in the complaint. The material facts of the case as found by the Court will appear from the following schedules of title: respondents’ title. 1. The title of the estate of Eulogio F. de Celis, deceased, to the north half of the Rancho Ex-Mission of San Fernando, including the land in controversy—admitted. 2.

Good law ✅— No negative treatment on recordhow we know

Decided 1881-10-15

How this case has been cited

Cited by 7 later decisions — most recently November 1935

1 federal appellate · 6 state decisions

30188118901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Court:

¶1This case was heard and decided by Department Two, and the following opinion was filed therein:

¶2“ That E. F. de Cells held whatever of the legal title to the premises in controversy was conveyed to him by Porter and Maclay, in trust for the plaintiffs, is beyond question. The attachment and the execution sale were of his interest only. The rights of the plaintiffs were not thereby affected. 1 Upon a sale of real property the purchaser is substituted to, and acquires all. the right, title, interest, and claim of, the judgment debtor thereto.’ (Sec. 709, C. C. P.)”

¶3After a hearing in bank, we are satisfied with the judgment of the Department. The findings show that E. F. de Celis held the land in controversy in trust for the plaintiffs, and that the defendant, as well as Hayes, his assignor, had notice of that fact. We think that the evidence is sufficient to support the findings, and that, therefore, the plaintiffs were entitled to a judgment.

¶4The judgment and order are affirmed.

¶5Boss, J.,being disqualified, did not participate in this decision.

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