Legal Opinion

Beem v. McKusick

California Supreme Court

Decided July 1, 1858PublishedCited by 5 opinions

Appeal from the District Court of the Eleventh Judicial District, County of Placer. This was an action to recover the possession of an undivided interest in several mining-claims. The contract or instrument of writing under which the plaintiff claims, together with the facts sufficient to explain the same, are set forth in the opinion of the Court. Plaintiff had judgment, and the defendant appealed.

1Opinion of the CourtBaldwin, J.

Terry, C. J., and Field, J., concurring.

Some serious difficulties, of a technical character, stand in the way of the recovery of the plaintiff below upon his own statement of his case; but as we are desired to pass upon the merits, we waive an examination of mere matters of remedy.

The basis of the jdaintiff's (respondent's) claim, is the following instrument, and an alleged performance of its terms :

“Know all men by these presents, that I, Emmons White, of Grizzly Flat, Placer county, State of California, of the first part, for and in consideration of the sum of fifteen hundred dollars, to be…

2Cited by5 opinions

  1. Shreeves v. PearsonCalifornia Supreme Court · 1924
  2. Harkreader v. ClaytonMississippi Supreme Court · 1879
  3. Dyson v. BradshawCalifornia Supreme Court · 1863
  4. Bartley v. FraserCalifornia Court of Appeal · 1911
  5. Hilgar v. MillerOregon Supreme Court · 1903

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