McCarty v. Christie

California Supreme Court

McCarty v. Christie

13 Cal. 79

CourtCalifornia Supreme Court

DecidedJuly 1, 1859

StatusPublished

Cited by1 cases

This text of 13 Cal. 79 (McCarty v. Christie) 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

McCarty v. Christie, 13 Cal. 79 (Cal. 1859).

Pincite

Opinion

Terry, C. J. delivered the opinion of the Court

Baldwin, J. concurring.

There is no error in the judgment. The insolvent proceedings constituted no bar to plaintiff’s claim, for the reason that defendants’ schedule contained no sufficient description of plaintiff’s demand.

The payment of Gallagher’s judgment operated to extinguish the prior lien, and the fact that the judgment debtor took a transfer of the certificate of sale and a Sheriff’s deed, instead of a certificate of redemption, could not operate to divest plaintiff’s lien.

Judgment affirmed.

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Terry, C. J. delivered the opinion of the Court

Baldwin, J. concurring.

There is no error in the judgment. The insolvent proceedings constituted no bar to plaintiff’s claim, for the reason that defendants’ schedule contained no sufficient description of plaintiff’s demand.

The payment of Gallagher’s judgment operated to extinguish the prior lien, and the fact that the judgment debtor took a transfer of the certificate of sale and a Sheriff’s deed, instead of a certificate of redemption, could not operate to divest plaintiff’s lien.

Judgment affirmed.

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Bluebook (online)

13 Cal. 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarty-v-christie-cal-1859.

Opinion

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