Halleck v. Moss
California Supreme Court
Appeal from the Fourth District. Action upon a written agreement in the following words: Articles of agreement made and entered into this 19th day of February, 1857, by and between J. Mora Moss, party of the first part, and H. W. Haileek, A. C. Peachy and P. W. Van Winkle, executors of the estate of J. L. Folsom, deceased, parties of the second part, witnesseth, that whereas the said estate and the said parties of the second part, in their capacity of executors as aforesaid,…
Read the full summary
Appeal from the Fourth District. Action upon a written agreement in the following words: Articles of agreement made and entered into this 19th day of February, 1857, by and between J. Mora Moss, party of the first part, and H. W. Haileek, A. C. Peachy and P. W. Van Winkle, executors of the estate of J. L. Folsom, deceased, parties of the second part, witnesseth, that whereas the said estate and the said parties of the second part, in their capacity of executors as aforesaid, hold two hundred and fifty shares of the capital stock of the 6 Sacramento Valley Railroad Company,’ on which the said…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
This is an action upon a written agreement executed by the defendant Moss. The plaintiffs are the executors of the estate of J. L. Folsom, deceased, and the action is brought by them in that capacity. In order to recover, it was necessary for them to show that the property mentioned in the agreement had been sold in the course of administration. There was a fatal defect of proof in relation to the notice under which the sale was made. The notice had been given by publication in a newspaper ; but it was not shown that it had been so given under the authority of any…
2Cases cited1 opinion
- Haynes v. MeeksCalifornia Supreme Court · 1858
3Cited by1 opinion
- Morgan v. Territory of ArizonaArizona Supreme Court · 1901