Abell v. Calderwood
California Supreme Court
Appeal from the Fourth Judicial District. The complaint states that, on the 24th of September, 1851, the plaintiff conveyed to the defendant Jackson, a lot of ground, being a portion of the 50-vara lot known on the official map of the City of San Francisco as lot No. 126; that on the repayment of the purchase money and fifty dollars additional, Jackson agreed to re-convey the premises to plaintiff; that the defendant Calderwood, with a knowledge of the facts and rights of…
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Appeal from the Fourth Judicial District. The complaint states that, on the 24th of September, 1851, the plaintiff conveyed to the defendant Jackson, a lot of ground, being a portion of the 50-vara lot known on the official map of the City of San Francisco as lot No. 126; that on the repayment of the purchase money and fifty dollars additional, Jackson agreed to re-convey the premises to plaintiff; that the defendant Calderwood, with a knowledge of the facts and rights of the plaintiff, and fraudulently conspiring with Jackson, had procured from Jackson a deed of conveyance to himself of the…
1Opinion of the Court
Mr. J. Heydeneeldt
delivered the opinion of the Court.
Mr. Oh. J. Murray concurred.
This was a bill filed to enforce the specific performance of an alleged verbal agreement for the conveyance of land. The agreement being void by the Statute of Frauds, courts of equity heretofore, have notwithstanding the Statute, granted the relief sought in certain cases where the refusal of it might enable one party to commit a fraud upon the other. In their abhorrence of fraud, these Courts have, in a material degree, abrogated the letter and spirit and intention of the written law. In the effort to escape…
2Cited by13 opinions
- House v. ReavisTexas Supreme Court · 1896
- Arguello v. EdingerCalifornia Supreme Court · 1858
- Lawrence v. FultonCalifornia Supreme Court · 1862
- Polack v. McGrathCalifornia Supreme Court · 1867
- Halleck v. GuyCalifornia Supreme Court · 1858
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