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Wilson v. Madison

JAMES WILSON v. JAMES MADISON

Wilson v. Madison, 58 Cal. 1 (1881)
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Court
California Supreme Court · State Highest Courts
Decided
July 1, 1881
Docket
No. 7,657
Citations
58 Cal. 1
Syllabus
Homestead—Judgment—Attachment—Justice's Coukt.—A homestead was declared after an attachment on the land and a judgment in a Justice’s Court, but no abstract had been filed or recorded in the Recorder’s Office. Held, that at the time of the declaration of homestead, the judgment did not constitute a lien upon the premises within § 1241 of the Civil Code, and a sale under the judgment conveyed no title.
Summary
Appeal from a judgment in favor of the defendant, and from an order denying a new trial in the Superior Court of San Diego County. McNealy, J. The case was before the Court on a former appeal, and is reported in 55 Cal. 5.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The Court :

An attachment from a Justice’s Court was levied upon the premises in question October 21st, 1876; judgment was had in the action November 6th, 1876—but no abstract was filed or recorded in the Recorder’s office; the declaration of homestead was made November 10th, 1876; and thereafter proceedings were had for a sale under the Justice’s execution. At the time of the declaration the judgment did not constitute a lien upon the premises within Section 1241, Civil Code, (McCracken v. Harris, 54 Cal. 81 ; Sullivan v. Hendrickson, id. 258.) The Court found that Hartfield resided on the premises at the time of the declaration, and there was evidence upon which to base the findings.

Judgment and order affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1896: 11917: 11926: 11977: 12021: 118962026peak 1896 · 1

Relies on it most ⓘ

  1. Brown v. HudsonNo. 19-01128 (Bankr. E.D. Cal. July 9, 2021)
  2. Hanson v. Morrison165 P. 521 (Idaho 1917)
  3. Beaton v. Reid44 P. 167 (Cal. 1896)
  4. Swearingen v. Byrne67 Cal. App. 3d 580 (1977)
  5. Wall v. Duggan245 P. 953 (Mont. 1926)

Most recent

  1. Brown v. HudsonNo. 19-01128 (Bankr. E.D. Cal. July 9, 2021)
  2. Swearingen v. Byrne67 Cal. App. 3d 580 (1977)
  3. Wall v. Duggan245 P. 953 (Mont. 1926)
  4. Hanson v. Morrison165 P. 521 (Idaho 1917)
  5. Beaton v. Reid44 P. 167 (Cal. 1896)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
McCracken v. Harris, 54 Cal. 81 (1879) 18

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