Heors v. Carpenter

Full title: NIETO'S HEIRS v. CARPENTER [*]

Court: Supreme Court of California

Date published: Apr 1, 1857

7 Cal. 527 (Cal. 1857)

Opinion

7 Cal. 527 NIETO'S HEIRS v. CARPENTER ^* Supreme Court of California April, 1857

[Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material]          7 Cal. 528 at 535.

         Original Opinion of April 1857, Reported at: 7 Cal. 528.

         JUDGES: On the rehearing at this Term, Murray, C. J., delivered the opinion of the Court. Terry, J., concurring.

         OPINION

         MURRAY, Judge

         On the rehearing at this Term, Murray, C. J., delivered the opinion of the Court. Terry, J., concurring.

         In the previous opinion of this Court, the judgment of the District Court was affirmed, not upon the view taken of the case by the Court below, but on the ground that the sale of the property in question by Josefa Cota was authorized by the Governor of the Territory and a Judge of the First Instance. Upon a petition for a rehearing, our attention has been called to the fact that the defense on which our opinion was predicated, was abandoned in the Court below. Under these circumstances, the judgment must be reversed; and as it appears from the record, that the defendant may have a defense to the action on the ground assumed by this Court as the basis of its former decision, a new trial is ordered.