Montgomery v. Robinson (1874) · DecisionDepot

Montgomery v. Robinson

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1874 No. No. 4,067Published

Before: McKinstry

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Holding. The court held that a sheriff's deed is admissible when the underlying judgment and execution are independently proven and the deed sufficiently recites the officer's authority.

Issues

Whether the trial court erred in overruling an objection to the admission of a sheriff's deed.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The judgment and execution were proved independently of the deed, and the deed itself recites enough to show the authority of the officer”

Synopsis

Sheriff’s Deed as Evidence.—If a sheriff’s deed recites enough to identify the judgment, and to show the authority of the officer to sell; that is, that the sale was made by virtue of an execution issued upon a judgment in an action, wherein-was plaintiff and--was defendant, it is admissible in evidence as proof of transmission of title.

By the Court, McKinstry, J.: It was not error to overrule the objection -to the sheriff’s [260]deed. The judgment and execution were proved independently of the deed, and the deed itself recites enough to show the authority of the officer—that the sale was made under and by virtue of an execution issued upon a judgment of the County Court, in an action wherein A. Montgomery was plaintiff, and Thomas Long defendant. These facts bring the case within the rule laid down in Clark v. Sawyer, 48 Cal. 133. (See also Blood v. Light, 38 Cal. 657.)

Judgment affirmed.

Mr. Chief Justice Wallace, did not express an opinion.

Montgomery v. Robinson

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