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63 Cal. 545

Southard v. McBrown

California Supreme Court

Decided June 22, 1883

California Supreme Court · decided 1883-06-22

<p>Appeal from an order of the Superior Court of the city and county of San Francisco refusing to direct the satisfaction of a judgment.</p> <p>The facts are sufficiently stated in the opinion of Mr. Justice Myriok.</p>

Relies on Crosby v. Patch

Good law ✅— No negative treatment on recordhow we know

Decided 1883-06-22

How this case has been cited

Cited by 4 later decisions — most recently August 1965

4 state decisions

10188318901900191019201930194019501960decided

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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Boss, J.

¶1I concur for the reason that, prior to the time of the levy upon the judgment in favor of Southard, the latter had assigned his judgment for value; and conceding McBrown to have been a purchaser for value, the rule is, that between two bona fide purchasers of a chose in action not negotiable, the first in time is prior in right. (18 Cal. 438.)

¶2Sharpstein. J., concurred for the reasons stated by Boss, J.

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