Bonney

Bonney v. Tilley

Good Law
123 Cal. 126·1898 Cal. LEXIS 995·55 P. 801
Supreme Court of CaliforniaDecember 22, 1898Sac. No. 481California950 words

Opinion

Lead Opinion

Chipman, J.

This is an appeal by plaintiffs from an order in the above-entitled action denying plaintiffs’ motion to set aside certain certificates of sales and deeds executed to defendant in certain other actions, on the ground that the judgments therein have been modified by this court.

This case was here on a former appeal and is reported in Bonney v. Tilley, 109 Cal. 346 . The facts out of which the controversy originally arose are somewhat lengthy and not a little complicated. They will be found stated in that case and in the case entitled Tilley v. Bonney, Sacramento No. 433, supra, opinion in which was this day filed. To recapitulate briefly, this case of Bonney v. Tilley was an action to have the lien of certain two judgments obtained by Bonney against the Midnight Gold and Silver Mining Company declared superior to the lien of certain two judgments of Tilley against the same company, to wit, Tilley v. Midnight Gold and Silver Mining Company and Gray et al. v. Midnight Gold and Silver Mining Company. One of Tilley’s judgments, to wit, the Gray judgment, was held to be a prior lien to the extent of seven hundred and seventy-five dollars on a certain parcel of the company’s mining…

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