Woodward v. Superior Court of San Francisco

Citations

• 95 Cal. 272
• 30 P. 535
• 1892 Cal. LEXIS 815

Syllabus

<p>Partition — Separate Action for Division of Personal Property Void — Order of Joint Sale — Expense of Receiver. — Where real estate and personal property thereon respectively are owned by different parties, and are considered and disposed oí by the court in two separate and independent actions, one of them being for a partition of the real estate, and the other for a sale of the persona] property and a division of the proceeds, the court has no power, in the action for partition of the real estate, to link the two properties together in an order for a joint sale, or by such order to render the owners of the personal property answerable for any part of the expense incurred by a receiver in preserving the real estate, and such order of sale is wholly void.</p> <p>Id. — Order of Sale Void upon its Face—Prohibition not Allowed. — Where the invalidity of an order of sale of property appears upon its face, a purchaser of the property takes no title, and the owners of the property are therefore not injured by a sale so as to warrant the issuance of a writ of prohibition to restrain it.</p> <p>Id. — Receiver in Partition — Jurisdiction — Error of Law — Query. — Whether the superior court has power to appoint a receiver in an action for partition, in the absence of facts of an equitable nature, super-added to the facts justifying partition, or whether the absence of such facts does not affect its jurisdiction to appoint a receiver, discussed but not decided.</p>