Williams v. Smith

<p>Appeal from the District Court of the Seventh Judicial District, County of Contra Costa.</p> <p>This was an application for a mandamus to compel Smith, the sheriff, to make a deed for land bought by the petitioner, Williams, at an execution sale, under three executions issued on three judgments, one in favor of Williams, another in favor of one Hook, and the third in favor of one Swain; the petitioner having tendered the sheriff his fees but demanding that the purchase money should be credited on his judgment. On the trial of the right of the petitioner to the writ before the Court, it appeared that there was a question whether the lien of petitioner’s judgment was prior to the attachments of the two other judgment creditors, which the Court decided in favor of the petitioner, and gave judgment that the mandamus issue to the sheriff, who appealed.</p>