Baldwin v. Bornheimer
California Supreme Court
Ejectment to recover a lot in San Francisco. The original defendants were Francis Bornheimer and Catherine Bornheimer, his wife, Wm. Thompson and E. A. Lawrence.
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Ejectment to recover a lot in San Francisco. The original defendants were Francis Bornheimer and Catherine Bornheimer, his wife, Wm. Thompson and E. A. Lawrence. One of the defenses relied on was, that one John Thomas had, in 1885, fraudulently procured the defendant Francis to. give him a deed of the demanded premises, and that Thomas had afterwards died, and the lot had been sold at administrator’s sale, and purchased by John J. Powers, who had sold it to the plaintiff, and that Powers and the plaintiff purchased with knowledge of the facts constituting the fraud. The plaintiff before the…
1Opinion of the Court
By the Court, McKinstry, J.:
Complaint in ejectment. After the usual denials, and a plea of the Statute of Limitations, the defendants, “for a further and separate answer, by way of cross-complaint,” set up: That a deed of conveyance, through which the plaintiff deraigned his title, was obtained from the defendant F. Bornheimer by fraud, and that plaintiff had notice of the facts constituting the fraud, and prayed “that said title of said plaintiff be decreed to be null and void, and to be delivered up. to be canceled, and that, defendant have such other and further relief as shall be meet,…
2Cases cited1 opinion
- de McKinlay v. TuttleCalifornia Supreme Court · 1872
3Cited by7 opinions
- Ryan v. Bank of Italy National Trust & Savings Ass'nCalifornia Court of Appeal · 1930
- Hoffman v. KeetonCalifornia Supreme Court · 1901
- Larson v. BarnettCalifornia Court of Appeal · 1950
- Carpenter v. EwingCalifornia Supreme Court · 1888
- People v. McLeodCalifornia Court of Appeal · 1916
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