Foster v. Coronel (1867) · DecisionDepot

Foster v. Coronel

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

California Supreme Court Dec 24, 1867 No. No. 1409Published

Before: Currey, Rhodes, Sawyer

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Holding. The court held that a judgment authorizing a property sale remains valid until reversed, and any misconduct by an officer during the sale must be addressed through an action for damages rather than an action to recover the property.

Issues

Whether the excluded evidence was admissible in the action.
Whether an officer's misconduct during a property sale justifies an action to recover the property or its value.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“If the officer, by his misconduct, induced a sale of the property for less than it would otherwise have brought, the remedy must be an action for damages, resulting from his acts, and not an action to recover the property, or its value.”

Synopsis

APPEAL from First Judicial District, Los Angeles County.

SAWYER, J. We find no error in the record. The judgment is valid, at least until reversed. It is by no means certain that it would be reversed on appeal. The evidence excluded was inadmissible in this action. The judgment and execution authorized a sale of the property. If the officer, by his misconduct, induced a sale of the property for less than it would otherwise have brought, the remedy must be an action for damages, resulting from his acts, and not an action to recover the property, or its value.

Judgment affirmed.

We concur: Currey, C. J.; Rhodes, J.

Foster v. Coronel

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