Haish

Haish v. Hall

Good Law
1928 Cal. App. LEXIS 12·90 Cal. App. 547·265 P. 1030
Court of Appeal of CaliforniaApril 2, 1928Docket No. 5143.California1,331 words

Opinion

Lead Opinion

Hahn, J.

Upon this appeal we are asked to review an order of the superior court granting respondent’s motion to set aside and annul a sale of 30 shares of the capital stock of the United Oil Company made by the sheriff upon execution issued to satisfy a judgment for $15.60, rendered in favor of the plaintiff and appellant, and against defendant and respondent.

It appears from the record, that upon the trial of the action, plaintiff recovered a judgment quieting her title to certain described real property which had been sold under execution to satisfy a judgment obtained in another action by the defendant and respondent herein. With plaintiff’s judgment quieting title, she also recovered judgment for costs in the sum of $15.60. Execution was in due course issued and levy made upon the oil stock in question, standing in the name of defendant, which according to the affidavits in the case had a market value of at least $1,290. There is no contention that there is any irregularity in the proceedings leading up to and including the sale. At the time of the sale no one appeared to bid except the plaintiff and her attorney, and the plaintiff’s bid of $23.60, which is the amount of the judgment…

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