Reports of Cases Determined in the Supreme Court of the State of California, Volume 30Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Page 64
... delivered the following opinion , concurring specially , in which Mr. Chief Justice CURREY , Mr. Justice SHAFTER , and Mr. Justice RHODES concurred : As to the admissibility of parol evidence to explain the effect of the deed from ...
... delivered the following opinion , concurring specially , in which Mr. Chief Justice CURREY , Mr. Justice SHAFTER , and Mr. Justice RHODES concurred : As to the admissibility of parol evidence to explain the effect of the deed from ...
Page 65
... delivered , a certificate made by the Alcalde , written on the same piece of paper as the grant , stating that one of the grantees has renounced his prop- erty in the lot , and that it shall be the property of the other , does not ...
... delivered , a certificate made by the Alcalde , written on the same piece of paper as the grant , stating that one of the grantees has renounced his prop- erty in the lot , and that it shall be the property of the other , does not ...
Page 66
... delivered , and that there was some evi- dence to support the finding , it would not be disturbed . By the Court , CURREY , C. J .: The plaintiff claiming to be the owner and in the possession of Fifty - vara Lot No. 17 , in the City of ...
... delivered , and that there was some evi- dence to support the finding , it would not be disturbed . By the Court , CURREY , C. J .: The plaintiff claiming to be the owner and in the possession of Fifty - vara Lot No. 17 , in the City of ...
Page 69
... delivered , altered by writing the figure 4 over the figure 5 , thus leaving the date . 22d July , 1844 . Fifth Succeeding said certificate on the same paper , is an entry in the handwriting of Benito Diaz , of which the follow- ing is ...
... delivered , altered by writing the figure 4 over the figure 5 , thus leaving the date . 22d July , 1844 . Fifth Succeeding said certificate on the same paper , is an entry in the handwriting of Benito Diaz , of which the follow- ing is ...
Page 71
... the titulo or title deed before it was issued . 2d In finding that the alteration in the date of the certifi- cate was made before the grant was delivered . - Opinion of the Court Currey , C. J. 3d April , 1866. ] 71 LICK V. DIAZ .
... the titulo or title deed before it was issued . 2d In finding that the alteration in the date of the certifi- cate was made before the grant was delivered . - Opinion of the Court Currey , C. J. 3d April , 1866. ] 71 LICK V. DIAZ .
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adverse possession affirmed alleged amend answer appeal argued attorney authority averred Board of Supervisors Calaveras County cause of action cited Clerk common law Company complaint Constitution contract convey conveyance counsel county seat Court Currey Court of equity decree deed defendant defendant's demurrer denying District Court dollars ejectment election entered entitled equity estoppel evidence execution executors facts filed Flume fraud grant grantor ground holding hundred husband interest issue Judge judgment Judicial District jurisdiction jury Justice land Legislature mandamus matter ment mining claim mortgage motion Opinion of Sawyer parol parties payment person petition Placer County plaintiff pleaded Practice Act premises prove purchase question record recover Respondent rule San Francisco Sanderson separate property Shafter Sheriff Sheriff's deed statement Statute of Limitations suit Supreme Court tide lands tion tract trial trust void votes wife writ
Popular passages
Page 46 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as to that held in common with her husband.
Page 476 - In case of the death or other disability of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party; or, the court may allow the person to whom the transfer is made to be substituted in the action.
Page 130 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 252 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 549 - Michigan of the second part, witnesseth, that the said parties of the first part, for and in consideration of the sum of one dollar to them in hand, paid by the said party of the second .part...
Page 533 - In an action arising upon contract for the recovery of money or damages only, if no answer has been filed with the clerk of the court within the time specified in the summons...
Page 423 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 106 - He shall not make profit by the increase, nor suffer loss by the decrease or destruction without his fault, of any part of the estate.
Page 184 - Service by mail may be made, where the person making the service, and the person on whom it is to be made reside in different places between which there is a regular communication by mail.
Page 30 - ... which they may acquire during the marriage, either by donations made jointly to them both, or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two and not of both, because in that case the period of time when the purchase is made is alone attended to, and not the person who made the purchase.