Traverso

Traverso v. Tate

Good Law
1889 Cal. LEXIS 827·82 Cal. 170·22 P. 1082
Supreme Court of CaliforniaDecember 23, 1889No. 12560California915 words

Opinion

Lead Opinion

Fox, J.

This is an action to enjoin the sheriff of the city and county of San Francisco from selling the interest of one Francisco Traverso, otherwise called Frank Traverso, or Frank Travers, in a certain piece of land in said city and county, upon an execution issued out of the superior court on a judgment in favor of the defendant Tate, and against said Frank Traverso or Frank Travers.

The plaintiff, Giuseppe Traverso, claims to be the owner in fee of the entire interest in said lot of land, and that a sale on the execution against said Frank Traverso of all his interest in said land will operate as a cloud upon plaintiff's title. In his complaint plaintiff has set out a deraignment of his title from 1879 down to the time of the levy under the execution against Frank, who is his brother, and by it shows that as to an undivided half-interest therein he claims under a deed from Frank dated October 4, 1882. The answer admits the plaintiff’s deraignment of title, but as to the deed from Frank to plaintiff of October 4, 1882, under which plaintiff claims to have acquired the undivided half-interest which at that date stood in his brother Frank, it claims that the same was not made for a…

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