Allen v. Phelps

California Supreme Court

Allen v. Phelps

4 Cal. 257

DecidedJuly 15, 1854

StatusPublished

This text of 4 Cal. 257 (Allen v. Phelps) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Phelps, 4 Cal. 257 (Cal. 1854).

Pincite

Opinion

Mr. Justice Heydeneeldt

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

The case rests simply upon the fact, whether the action of Semple v. Stewart & Cooke, was for the enforcement of the former’s lien in equity, or a mere action at law, for the *recovery of the money ? From the language [259] used in the findings of the Judge, we are bound to infer the latter, because it is not distinctly expressive of the former. Error must be clearly manifest, and will not be implied.

The position that the purchaser, at Sheriff’s sale should be subrogated to Semple’s equitable lien, cannot be taken in this suit; if available at all,, it must be made so, in a separate equitable action.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Heydeneeldt

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

The case rests simply upon the fact, whether the action of Semple v. Stewart & Cooke, was for the enforcement of the former’s lien in equity, or a mere action at law, for the *recovery of the money ? From the language [259] used in the findings of the Judge, we are bound to infer the latter, because it is not distinctly expressive of the former. Error must be clearly manifest, and will not be implied.

The position that the purchaser, at Sheriff’s sale should be subrogated to Semple’s equitable lien, cannot be taken in this suit; if available at all,, it must be made so, in a separate equitable action.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

4 Cal. 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-phelps-cal-1854.