Salmon v. Vallejo
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The plaintiff alleged in his complaint, that in 1845 the Mexican nation granted to Juan Uepomoceno Padilla a tract of land in -the Department of-Upper California, in what is now the County of Sonoma, called in the grant the Pancho Poblar de la Miseria, and that the grant belonged to the class called inchoate- or imperfect grants, in this, that judicial possession was not…
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The plaintiff alleged in his complaint, that in 1845 the Mexican nation granted to Juan Uepomoceno Padilla a tract of land in -the Department of-Upper California, in what is now the County of Sonoma, called in the grant the Pancho Poblar de la Miseria, and that the grant belonged to the class called inchoate- or imperfect grants, in this, that judicial possession was not -given, nor was the grant segregated from the national domain until January 18th, 1858, when the same was "segregated from the…
1Opinion of the Court
By the Court, Crockett, J.:
One of the grounds of demurrer to the complaint was that it does not state facts sufficient to constitute a cause of action, and in support of this ground it is urged that the covenant sued upon was a personal covenant, and does not run with the land. This point is well taken. A covenant of seizin, or that the grantor has lawful right to convey, or that the land is free from incumbrances, is a personal covenant, and when broken is broken as soon as made. The right of action upon it is a mere chose in action, and does not run with the land. (Lawrence v. Montgomery,…
2Cases cited1 opinion
- Lawrence v. MontgomeryCalifornia Supreme Court · 1869
3Cited by4 opinions
- Parker v. BeasleyNew Mexico Supreme Court · 1936
- Soderberg v. HoltUtah Supreme Court · 1935
- Fairchild v. Scarsdale EstatesAppellate Division of the Supreme Court of the State of New York · 1915
- Simon v. WilliamsMississippi Supreme Court · 1925