California Supreme Court, 1856

Williams v. Smith

California Supreme Court · Decided July 1, 1856 · Heydenfeldt

6 Cal. 91

Cases that cite this one

4 later published cases cite this decision.

Dierks & Sons Lumber Co. v. Taylor (Mo. Ct. App. 1932)
State ex rel. Oliver v. Grubb (Ind. 1882)
United States v. Labette County (United States Circuit Courts 1881)
Harvey v. Fisk (Cal. 1858)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The opinion of the Court was delivered by Mr. Justice Heydenfeldt.

Mr. Justice Terry concurred.

A mandamus will not lie against a sheriff to compel him to make a *92deed of land to a purchaser at execution sale who refuses to pay the purchase money for the reason that he is the oldest judgment and execution creditor and entitled to the money; especially when there is an unsettled contest as to the question of lien.

The principle involved here was settled in the case of The People ex rel. Kohler v. Hays, decided at the January Term, 1855, (5 Cal. R.)

Judgment reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.