Love v. Watkins
California Supreme Court
Tbe facts are stated in tbe opinion. First — Appellant being in possession of tbe land sued for and having an equitable title thereto, can defeat a recovery at law.
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Tbe facts are stated in tbe opinion. First — Appellant being in possession of tbe land sued for and having an equitable title thereto, can defeat a recovery at law. Tbe contract to convey under wbicb appellant claims is in effect an agreement by wbicb Love and wife conveyed, or agreed to convey, one undivided tenth of tbe land or premises described first in tbe complaint to Howard and Perley, with a stipulation to divide the same, and to appoint appraisers of value on tbe division. All this was in consideration of tbe services of Howard and Perley. Tbe word “ pay ” is one of large and varied…
1Opinion of the Court
Temple J.,
delivered the opinion of the Court.
The plaintiff acquired her title to the premises in controversy in April, 1854, (she being then a femme solé), and on the third of November, 1854, after her marriage, jointly with her husband, signed and delivered to Howard and Perley, an agreement in writing, by the terms of which Howard and Perley agreed to prosecute the claim of plaintiff for a tract of land, including the demanded premises, before the United States Land Commission. In consideration of such services plaintiff was to pay Howard and Perley one tenth of said tract of land, or if it…
2Cases cited14 opinions
- Arrington v. LiscomCalifornia Supreme Court · 1868
- Watts v. JohnsonTexas Supreme Court · 1849
- Waters v. TravisCourt for the Trial of Impeachments and Correction of Errors · 1812
- Morrison v. WilsonCalifornia Supreme Court · 1859
- de Racouillat v. SansevainCalifornia Supreme Court · 1867
9 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Steinberger v. YoungCalifornia Supreme Court · 1917
- Jackson v. TorrenceCalifornia Supreme Court · 1890
- Luco v. De ToroCalifornia Supreme Court · 1891
- Warren v. AdamsSupreme Court of Colorado · 1894
- Fawcett v. FawcettWisconsin Supreme Court · 1893
45 more not listed; retrieve them via the Exa API.