McComb v. Spangler
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County, and from an order refusing a new trial. The action was brought to recover the possession of certain lands situated in Alameda County. The land in controversy was, on the 14th of March, 1872, owned by one John W. Brumagim, who on that day conveyed it by a deed of trust to E. W. Burr, and B. D. Dean, as security for money borrowed by him from the Savings and Loan Society.
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Appeal from a judgment of the Superior Court of Alameda County, and from an order refusing a new trial. The action was brought to recover the possession of certain lands situated in Alameda County. The land in controversy was, on the 14th of March, 1872, owned by one John W. Brumagim, who on that day conveyed it by a deed of trust to E. W. Burr, and B. D. Dean, as security for money borrowed by him from the Savings and Loan Society. On the 2d of July, 1878, Brumagim conveyed the land, subject to the deed of trust, by a grant, bargain, and sale deed to one Elizabeth McComb (not the plaintiff),…
1Opinion of the CourtMcKinstry, J.
The plaintiff deraigned title through mesne conveyances from John McComb and Elizabeth, his wife; the defendant, through purchase at a sale under a decree foreclosing a mortgage executed by Elizabeth McComb, the wife. The mortgage was executed prior to the deed, by John McComb and wife, under which plaintiff claims.
The principal question to be considered on this appeal—and the question on which, apparently, the decis*422ion turned in the court below—is, whether the plaintiff is estopped from asserting herein that the demanded premises were community property of John McComb and his wife Elizabeth…
2Cases cited4 opinions
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- City of San Francisco v. LawtonCalifornia Supreme Court · 1861
- Peck v. BrummagimCalifornia Supreme Court · 1866
- Morrison v. WilsonCalifornia Supreme Court · 1859
3Cited by26 opinions
- Sichler v. LookCalifornia Supreme Court · 1892
- Jackson v. TorrenceCalifornia Supreme Court · 1890
- Beronio v. Ventura County Lumber Co.California Supreme Court · 1900
- Emeric v. AlvaradoCalifornia Supreme Court · 1891
- Johnston v. S.F. Savings UnionCalifornia Supreme Court · 1888
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