Richvale Land Co. v. Johnson

This is an appeal by plaintiff from an order discharging a writ of attachment levied upon defendant’s property.

It appears from the complaint that, on November 15, 1911, plaintiff and defendant entered into a written contract by which plaintiff agreed to sell and defendant agreed to purchase certain land situated in Butte County for the sum of $3,220.80, to be paid in installments as set forth in the contract made part of the complaint; that certain two of these installments have not been paid, for the sum of $680.20 each, except the sum of $113.15, and there is due and unpaid the sum of $1,247.25, with interest at six per cent from November 15, 1911.

Plaintiff caused an attachment to issue and to be levied on certain personal property of defendant. Defendant moved the court to discharge the attachment on several grounds, among which was the claim that it appeared from the complaint and papers on file in the ease that the indebtedness was secured by a lien upon real property and upon this ground the court discharged the writ.

Plaintiff is the owner in fee of the real estate the subject of the contract on which it relies. The contract is an agreement by plaintiff to sell and…