Reports of Cases Determined in the Supreme Court of the State of California, 21±ÇBancroft-Whitney, 1887 |
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37 ÆäÀÌÁö
... possession of defendant D. Winter , Thibault testified : " I think there was a bill upon the lot , ' For lease or sale , by Winter . ' * I called upon Mr. Winter at his shop on Jackson Street ( off the lot ; ) I had a conversation with ...
... possession of defendant D. Winter , Thibault testified : " I think there was a bill upon the lot , ' For lease or sale , by Winter . ' * I called upon Mr. Winter at his shop on Jackson Street ( off the lot ; ) I had a conversation with ...
89 ÆäÀÌÁö
... possession merely of the property , ex- cept as such possession may follow the Sheriff's or master's deed , but to subject to sale the title which the mort- * gagor had at the time of executing [ 88 ] the mortgage , and to cut off the ...
... possession merely of the property , ex- cept as such possession may follow the Sheriff's or master's deed , but to subject to sale the title which the mort- * gagor had at the time of executing [ 88 ] the mortgage , and to cut off the ...
90 ÆäÀÌÁö
... possession ? There are many cases where posses- sion and title are distinct . The error of the Court below in awarding possession to the widow of Lefevre , under a claim of adverse tenancy , is precisely what we appeal from . The Court ...
... possession ? There are many cases where posses- sion and title are distinct . The error of the Court below in awarding possession to the widow of Lefevre , under a claim of adverse tenancy , is precisely what we appeal from . The Court ...
92 ÆäÀÌÁö
... possession of a part of the property sold from the widow of Lefevre , who was at the time in its occupation , and the possession having been refused by her , he applied to the Court for a writ of assistance . The application was ...
... possession of a part of the property sold from the widow of Lefevre , who was at the time in its occupation , and the possession having been refused by her , he applied to the Court for a writ of assistance . The application was ...
93 ÆäÀÌÁö
... possession merely of the property , except as such possession may follow the Sheriff's or Master's deed , but is brought to subject to ssle the title of the mortgagor - that is , such title as he had at the date of his mortgage - and to ...
... possession merely of the property , except as such possession may follow the Sheriff's or Master's deed , but is brought to subject to ssle the title of the mortgagor - that is , such title as he had at the date of his mortgage - and to ...
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action of ejectment affirmed agreement Alcalde alleged answer appeal applied assignment avers Burlingame cause of action Cited as authority City of San claim commenced common law complaint concurring contract conveyance corporation Court of Equity Court of Sessions Court-FIELD Covillaud creditors debt decision decree deed defendant delivered the opinion demurrer denied District Court dollars effect enforce entitled equity estopped estoppel evidence executed executor fact favor foreclosure fraud grant grantor held interest issued judgment Judicial District jury land Legislature liability lien mandamus Manuel Nieto ment mortgage Nieto NORTON objection paid parties payment person petition plaintiff pleadings portion possession Practice Act premises proceedings promissory note proof purchase money question rancho record recover replevin Respondent Rico rule San Francisco Sheriff Sheriff's deed statute subsequent sufficient suit survey tenant therein tion tract trial writ writ of assistance
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722 ÆäÀÌÁö - Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or the Supreme Court, or before any Superior Court in the State, or before any Judge thereof.
98 ÆäÀÌÁö - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
331 ÆäÀÌÁö - It is undoubtedly true, as a general rule, that the claimant in ejectment must recover upon the strength of his own title, and not upon the weakness of his adversary's...
32 ÆäÀÌÁö - Every claim which is due, when presented to the executor or administrator, must be supported by the affidavit of the claimant, or some one in his behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant.
721 ÆäÀÌÁö - SECTION 1. The judicial power of this State shall be vested in a Supreme Court, in District Courts, in County Courts, and in Justices of the Peace.
370 ÆäÀÌÁö - If the city obtain money of another by mistake, or without authority of law, it is her duty to refund it— not from any contract entered into by her on the subject, but from the general obligation to do justice which binds all persons, whether natural or artificial.
721 ÆäÀÌÁö - Justices shall be necessary to transact any business in either of the departments, except such as may be done at chambers, and the concurrence of three Justices shall be necessary to pronounce a judgment.
32 ÆäÀÌÁö - Whatever signification then may be attached to the term "claims," standing by itself, it is evident that in the Probate Act it only has reference to such debts or demands against the decedent as might have been enforced against him in his lifetime by personal actions for the recovery of money, and upon which only a money judgment could have been rendered.
486 ÆäÀÌÁö - There is no doubt but that the express admissions of a party to the suit, or admissions implied from his conduct, are evidence— and strong evidence — against him ; but we think that he is at liberty to prove that such admissions were mistaken or were untrue, and that he is not estopped or concluded by them, unless another person has been induced by them to alter his condition : in such a case the party is estopped from disputing their (r) 9 B.
724 ÆäÀÌÁö - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.