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6 Cal. 85

Newhall v. Provost

California Supreme Court

Decided July 1, 1856

California Supreme Court · decided 1856-07-01

The plaintiffs filed their bill of foreclosure of a mortgage made by defendants to F. W. Page, and by him assigned to plaintiffs, May 3d, 1855.

Good law ✅— No negative treatment on recordhow we know

Decided 1856-07-01

How this case has been cited

Cited by 6 later decisions — most recently February 1921

5 state decisions

2018561860187018801890190019101920decided

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 opinion of the Court was delivered by Mr. Justice Heydenfeldt.

¶1Mr. Justice Terry concurred.

¶2It is unnecessary in this case to consider whether a sheriff’s return in one action can be impeached in another suit by a stranger to the first action. It is very certain that the sheriff had no right after making a return to amend it so as to affect rights which had already vested.

¶3The ease must go back, and the first return of the sheriff must be taken as conclusive as against Schloss and Goldstein, as far as regards the rights of the plaintiffs.

¶4Judgment reversed, and cause remanded.

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