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VAN BOGAERT v. AVERY

Docket No. 32519.

271 Cal.App.2d 492 (1969)

76 Cal. Rptr. 608

JEFFREY VAN BOGAERT, Plaintiff and Respondent, v. STANLEY L. AVERY et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Two.

April 4, 1969.

Attorney(s) appearing for the Case

David Daar for Defendants and Appellants.

Guerin & Guerin and John Guerin for Plaintiff and Respondent.

FLEMING, J.

In the continuing warfare between creditor and debtor this latest battle might be entitled the Case of the Botched-Up Execution Sale.

In 1959 the creditors, the Averys, obtained judgment against the debtors, Everett and Lucille Van Bogaert, for $7,800. Unable to collect their judgment, the Averys sought to reach the excess value of the Van Bogaerts' homestead on Mary Ellen Avenue by levy of execution on the homestead and petition for court order...

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