Colton Land & Water Co. v. Swartz

Citations

• 99 Cal. 278
• 33 P. 878
• 1893 Cal. LEXIS 653

Syllabus

<p>Evidence—Judgment Roll—Latee of Two Judgments Alone Considered.— Tuere can properly be but one judgment in a judgment roll, and if two judgments are found therein, the later in point of time is the only one which can be considered as a part of the judgment roll, and the fact that the earlier judgment is hound up with the roll can not impair the admissibility of the judgment roll in evidence, or affect the later judgment which alone forms part of it.</p> <p>Id. —Sale under Later Judgment—Collateral Attack—Vacation of Earlier Judgment—Presumption. — Where a judgment roll is offered in evidence which improperly contains two judgments, it will be conclusively presumed upon collateral attack upon a sale under the later judgment, that the earlier judgment was vacated by consent of the parties, or under such circumstances as to justify its vacation by order of the court, and that an order vacating the earlier judgment, which forms no part of the judgment roll, appears in the minutes of the court, and it is not necessary in order to sustain such sale to offer any evidence that the former judgment was annulled.</p> <p>Id.—Ejectment—Sale under Execution—Judgment—Effect of Appeal— Execution not Stayed.—In an action of ejectment, where the defendant claims the right to the possession of the property through a sale under an execution, it is necessary for him to introduce in evidence the judgment as the basis of the execution, and if the enforcement of the judgment has not been stayed, the fact that an appeal therefrom has been taken does not prevent the judgment from being received in evidence and considered, as a collateral fact in support of the execution.</p> <p>Id.—Deed of Corporation—Seal—Contents of Deed—Capacity of Grantor — Objection upon Appeal.—If the grantor of a deed is in fact a corporation, and the corporation seal is affixed thereto, a statement in the deed that it is incorporated is not essential, and an objection upon appeal, that a deed offered in evidence a