Carpentier v. Gardiner
California Supreme Court
Appeal from the District Court, Fourth Judicial District, Contra Costa County. This was an action to recover possession of a tract of land containing eight hundred and fifty acres, parcel of the Rancho Laguna de los Palos .Colorados, granted by the Mexican Government to Juan Bernal and Joaquin Moraga, and for damages for its detention.
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Appeal from the District Court, Fourth Judicial District, Contra Costa County. This was an action to recover possession of a tract of land containing eight hundred and fifty acres, parcel of the Rancho Laguna de los Palos .Colorados, granted by the Mexican Government to Juan Bernal and Joaquin Moraga, and for damages for its detention. Juan Bernal died in 1847. Plaintiff offered in evidence, as a conveyance of real estate, the will of Bernal, made in March, 1847, with the proof of its execution by one of the subscribing witnesses thereto before a Notary Public, and with a certificate of its…
1Opinion of the Court
By the Court, Sawyer, J.
Some of the points relied on in this case have been already determined in the cases of Carpentier v. Webster, 27 Cal. 524, Carpentier v. Mendenhall, 28 Cal. 684, and Carpentier v. Mitchell, post.
Admission of a will in evidence.
The will of Bernal was improperly admitted in evidence without further proof of its execution. Admitting that its operation was to convey the title, a will is not a conveyance within the provisions of the Act concerning conveyances, which can be read in evidence upon the certificate of proof by a Hotary. A will is excluded in express terms by the…
2Cases cited2 opinions
- Carpentier v. WebsterCalifornia Supreme Court · 1865
- Nevada County & Sacramento Canal Co. v. KiddCalifornia Supreme Court · 1865
3Cited by14 opinions
- Fisher v. ZumwaltCalifornia Supreme Court · 1900
- Sichel v. De CarrilloCalifornia Supreme Court · 1871
- Fox v. Hale & Norcross Silver Mining Co.California Supreme Court · 1898
- Davis v. Southern Pacific Co.California Supreme Court · 1893
- Salmon v. WilsonCalifornia Supreme Court · 1871
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