Peterson v. Sheriff of San Francisco

Citations

• 115 Cal. 211
• 46 P. 1060
• 1896 Cal. LEXIS 995

Syllabus

<p>Execution—Patent Rights not Subject to Levy—Relief in Equity.— A patent right is not tangible property, but is an incorporeal right, being a personal favor or monopoly granted to a particular person by the Dnited States government, and is created and regulated entirely by federal legislation, and is not subject to levy or sale upon execution; and if a creditor of the patentee can have the patent right subjected to the satisfaction of his judgment at all, it can be done only by a court of equity, acting in personam, and compelling the patentee to make an assignment.</p>