Hoag v. Howard

Citations

• 55 Cal. 564
• 1880 Cal. LEXIS 323

Syllabus

<p>Attachment—Becord of Deed.—A writ of attachment is not an “ instrument,” within the sense of that term as used in § 1107 of the Code of Civil Procedure; and therefore, a deed, executed prior to the levy of an attachment upon the property conveyed, though not recorded until after the levy, will prevail over the attachment.</p> <p>Instrument—Definition.—The word instrument, as used in the Codes, invariably means some written paper or instrument signed and delivered by one person to another, transferring the title to, or giving a lien, on property, or giving a right to debt or duty.</p> <p>Construction of Statute.—Where a word or clause is found repeatedly used in a statute, it will be presumed to bear the same meaning throughout, unless there is something to show that another meaning is intended.</p>