Lee v. Figg
California Supreme Court
Appeal from, the District Court, Sixth Judicial District, Sacramento-County. This was an action of ejectment to recover the west quarter of Lot Number Five in the block bounded by Second and Third and I and J streets, City of Sacramento. Barton Lee, the father of the plaintiff, in 1850 owned a larger lot, embracing the demanded premises.
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Appeal from, the District Court, Sixth Judicial District, Sacramento-County. This was an action of ejectment to recover the west quarter of Lot Number Five in the block bounded by Second and Third and I and J streets, City of Sacramento. Barton Lee, the father of the plaintiff, in 1850 owned a larger lot, embracing the demanded premises. He failed in business, and conveyed this and other property to assignees in trust to pay his debts, amouting to several hundred thousand dollars. Afterwards, arid on the 26th of September, 1850, the assignees, at his request, conveyed the larger lot to F.…
1Opinion of the Court
By the Court, Sawyer, C. J.:
Appellant’s first point seems to be in the nature of a demurrer' to the answer, on the ground that the facts stated are insufficient to constitute a defense. ÍTo demurrer appears to have been filed, and the point seems to be made here for the first time. There is not an entire absence of allegations *336of fraud in the transfer from Barton Lee to Ogden. There is an attempt to allege a transfer for the purpose of defrauding creditors of Lee, and if there is any objection to the pleadings it'is that the allegation is defective. The point was fully litigated on the trial,…
2Cases cited6 opinions
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