Reports of Cases Determined in the Supreme Court of the State of California, Հատոր 40Bancroft-Whitney, 1906 |
From inside the book
Արդյունքներ 78–ի 1-ից 5-ը:
Էջ 8
... present to receive payment from Branch . On the 15th of January , 1869 , the other defendants conveyed the said land by absolute deed to the defendant Cerf , who claims to have purchased the same for a valuable consideration , without ...
... present to receive payment from Branch . On the 15th of January , 1869 , the other defendants conveyed the said land by absolute deed to the defendant Cerf , who claims to have purchased the same for a valuable consideration , without ...
Էջ 59
... present time , " that parol evidence is admissible in equity to show that a deed absolute on its face was in- tended as a mortgage , and that such evidence is not restricted to cases of fraud , accident or mistake in the creation of the ...
... present time , " that parol evidence is admissible in equity to show that a deed absolute on its face was in- tended as a mortgage , and that such evidence is not restricted to cases of fraud , accident or mistake in the creation of the ...
Էջ 60
... present time , that the mortgagee has no title or estate in the land , but only a security for a debt . " ( Jackson v . Lodge , supra ; Naglee v . Macey , 9 Cal . 428 ; Haffley v . Maier , 13 Id . 13 ; Johnson v . Sherman , supra ...
... present time , that the mortgagee has no title or estate in the land , but only a security for a debt . " ( Jackson v . Lodge , supra ; Naglee v . Macey , 9 Cal . 428 ; Haffley v . Maier , 13 Id . 13 ; Johnson v . Sherman , supra ...
Էջ 63
... present , not only on the point of mutuality , but upon every other question that could be raised , and sustains the plaintiff's claim to have specific performance decreed of the covenant sued on , and of the obligations of the lease ...
... present , not only on the point of mutuality , but upon every other question that could be raised , and sustains the plaintiff's claim to have specific performance decreed of the covenant sued on , and of the obligations of the lease ...
Էջ 64
... present case , is prima facie a seeming authority against plaintiff , but on inspection will be found to sustain the theory of plaintiff's case . But there is a two - fold difference between that case and this . First - There the lessee ...
... present case , is prima facie a seeming authority against plaintiff , but on inspection will be found to sustain the theory of plaintiff's case . But there is a two - fold difference between that case and this . First - There the lessee ...
Այլ խմբագրություններ - View all
Reports of Cases Determined in the Supreme Court of the State of ..., Հատոր 119 California. Supreme Court Ամբողջությամբ դիտվող - 1906 |
Reports of Cases Determined in the Supreme Court of the State of ..., Հատոր 113 California. Supreme Court Ամբողջությամբ դիտվող - 1906 |
Reports of Cases Determined in the Supreme Court of the State of ..., Հատոր 109 California. Supreme Court Ամբողջությամբ դիտվող - 1906 |
Common terms and phrases
acquired admitted adverse possession alleged answer Argument for Appellant Argument for Respondent assessment authority averment Barb Board Brenham California Catherine Hayes cause of action citizens City and County claim Colus complaint concurring Congress Constitution contract convey conveyance corporation counsel County of San Court of equity CROCKETT damages debt decree deed defendant defendant's delivered the opinion demand demurrer District Court entitled equity evidence execution facts filed foreclosure grant ground held IDEM indictment injury intention Jimeno judgment jurisdiction jury legal title lien ment Mexican misjoinder mortgage motion negligence notice owner paid party patent payment person plaintiff pleadings possession Practice Act premises proceedings purchase question quiet title rendered RHODES rule San Francisco Section Sheriff Sheriff's deed SPRAGUE statement Statute of Limitations TEMPLE tide lands tion tract trial Trustees United valid verdict void WALLACE writ Yuba County
Սիրված հատվածներ
Էջ 312 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
Էջ 106 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Էջ 314 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted, as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States ; and, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Էջ 326 - The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States...
Էջ 323 - Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please , without their being subjected on this account to any contribution, tax, or charge whatever. Those who shall prefer to remain in the said territories may...
Էջ 289 - This is plainly a contract to which the donors, the trustees, and the crown, (to whose rights and obligations New Hampshire succeeds,) were the original parties. It is a contract made on a valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which real and personal estate has been conveyed to the corporation. It is, then, a contract within the letter of the constitution, and within its spirit also...
Էջ 511 - Taxation shall be equal and uniform throughout the State. All property in this State shall be taxed in proportion to its value, to be ascertained as directed by law...
Էջ 120 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Էջ 45 - An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights...
Էջ 312 - Our Constitution declares a treaty to be the law of the land. It is, consequently to be regarded in the courts of justice, as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.