Alvarez v. Brannan
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. The following are the findings of fact and law, in the Court below, viz.: On the twenty-eighth day of December, 1849, the defendant, Brannan, undertook to sell to Santiago H. Vives, lot number eight, in the block between Fifth and Sixth and L and M streets, in Sacramento City, for the consideration of six thousand dollars, and executed a deed therefor, to the said Vives, and thereupon the said Vives paid to the…
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Appeal from the District Court of the Fourth Judicial District. The following are the findings of fact and law, in the Court below, viz.: On the twenty-eighth day of December, 1849, the defendant, Brannan, undertook to sell to Santiago H. Vives, lot number eight, in the block between Fifth and Sixth and L and M streets, in Sacramento City, for the consideration of six thousand dollars, and executed a deed therefor, to the said Vives, and thereupon the said Vives paid to the said defendant the said sum of six thousand dollars, as the purchase-money of said lot. That said defendant had, in the…
1Opinion of the CourtBurnett, J.
On the twenty-eighth day of December, 1849, defendant sold to Santiago H. Vives, by deed of bargain and sale, a certain lot in the city of Sacramento for the sum of six thousand dollars, in cash. The defendant, in the month of May preceding, had sold and conveyed the same lot to Peter H. Burnett. Vives died in December, 1850. The taxes on the lot in question were paid by plaintiff, and the fact of the deed to Burnett was not discovered *507by plaintiff until within six months prior to the commencement of this suit. When the prior deed to Burnett was discovered, plaintiff demanded the…
2Cases cited2 opinions
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Winne v. ReynoldsNew York Court of Chancery · 1837
3Cited by13 opinions
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- Dore v. Southern Pac. Co.California Supreme Court · 1912
- Adams v. ReedUtah Supreme Court · 1895
- Brown v. PetersonArizona Supreme Court · 1925
- Hargrove v. HendersonCalifornia Court of Appeal · 1930
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