Heinlen v. Martin
California Supreme Court
Appeal from the District Court of the Third Judicial District, Santa Clara County. On and prior to August 4th, 1864, the six children of Gervacio Arguello and wife were the owners of an undivided eleventh (1-11) of the Rancho Santa Teresa, situated in the County of Santa Clara, California. On that day they went before Ramon Barbosa, a National Notary Public at Guadalajara, Mexico, and executed in the protocol in his custody a power of attorney to Jesus Camarena.
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Appeal from the District Court of the Third Judicial District, Santa Clara County. On and prior to August 4th, 1864, the six children of Gervacio Arguello and wife were the owners of an undivided eleventh (1-11) of the Rancho Santa Teresa, situated in the County of Santa Clara, California. On that day they went before Ramon Barbosa, a National Notary Public at Guadalajara, Mexico, and executed in the protocol in his custody a power of attorney to Jesus Camarena. At the same time this instrument was executed in the protocol, the Notary, Barbosa, drew off and certified a copy, (known in the…
1Opinion of the Court
By the Court :
The defendants contend that on the face of the complaint this is not an action for specific performance, but an action at law on an alleged legal title for the recovery of the land. We are of opinion, however, that though the complaint is obnox-. ious to criticism, it sufficiently appears on the face of it that the action is for the specific performance of a contract for the conveyance of land. There was no special demurrer on the ground of ambiguity.
Both parties claim under the six heirs of Arguello, who are conceded to have been the owners in fee, and the title of the…
2Cases cited2 opinions
- Worrall v. . MunnNew York Court of Appeals · 1868
- Baxter v. BrandCourt of Appeals of Kentucky · 1838
3Cited by24 opinions
- Ellis v. MihelisCalifornia Supreme Court · 1963
- Lifton v. HarshmanCalifornia Court of Appeal · 1947
- Greenstone v. Claretian Theological SeminaryCalifornia Court of Appeal · 1959
- Woodroof v. HowesCalifornia Supreme Court · 1891
- Eliason v. WattsUtah Supreme Court · 1980
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