McDowell

McDowell v. Bell

Good Law
1890 Cal. LEXIS 1077·86 Cal. 615·25 P. 128
Supreme Court of CaliforniaDecember 8, 1890No. 13855California402 words

Opinion

Lead Opinion

— Application for writ of prohibition. In September, 1889, one Primm commenced an action in the superior court of Shasta County against one Edson. In the action, such proceedings were had as that judgment was duly given and made in favor of the plaintiff and against the defendant, October 4, 1889. Execution was issued to the sheriff of Shasta County, and returned unsatisfied. Upon proceedings supplemental to execution, Bertha Edson was examined touching certain property held by her, to wit, a house and lot in the town of Sisson, Siskiyou County, claimed by the judgment creditor to be the property of the judgment debtor. On the *616 same day that the affidavit was filed for the institution of these proceedings supplementary to execution, Bertha Edson conveyed the property to one Wright, who subsequently conveyed the same to this petitioner. Upon the hearing upon such supplementary proceedings, it was found and adjudged by the respondent that the lot in question was the property of the judgment debtor, and that neither Bertha Edson nor Wright ever had any interest therein, and ordered that execution issue in the case of Primm v. Edson (in which case all the proceedings were…

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