gno.law

McCarty v. Christie

California Supreme Court · · 1859-07-01 · Published · 13 Cal. 79

McCARTY v. CHRISTIE

Area
civil
Panel
Lawrence F. Terry (author)

Analysis

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Opinion — Terry

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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