Mitchell v. Hockett

Citations

• 25 Cal. 538
• 1864 Cal. LEXIS 66

Syllabus

<p>Evidence of Satisfaction of Execution.—The return of a Sheriff, indorsed on an execution placed in his hands for collection, that the execution is satisfied by promissory notes received for the amount due on it, is not evidence of the satisfaction of the judgment on which it was issued, nor can it be admitted in evidence as tending to prove a satisfaction of the same.</p> <p>Satisfaction of Execution by Notes.—The plaintiff in an execution may accept of promissory notes by a special agreement, as an absolute payment of the same, but the agreement must be proved by testimony other than the Sheriff's certificate.</p> <p>Sale op a Judgment.—In the purchase of a judgment the rule of caveat emptor applies, so far as third parties are concerned, in the same manner as in the purchase of any other personal property. If the assignor has no title, the purchaser will take none, whether he have notice of a former sale or not.</p> <p>Seal.—It is not necessary that the assignment of a judgment should be under seal.</p> <p>Satisfaction op Judgment.—If the defendant in a judgment delivers to the plaintiff therein a promissory note of third parties in satisfaction of the same, which is void because fraudulently obtained by defendant from the payors, it is not necessary for the plaintiff to return the note before enforcing his judgment by execution.</p> <p>Special Issues withdrawn from a Jury.—Where special issues are submitted to a jury, and they announce that they cannot agree upon the special issues, but can agree upon a general verdict, and by consent of counsel on both sides the special issues are withdrawn and a general verdict received by the Court, no error is committed.</p>