Lander v. Beers
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Alameda. The plaintiff, on the 15th day of October, 1870, recovered a judgment against the defendant, John B. Beers, for two thousand nine hundred and seventy-four dollars, on a debt for money loaned. Two executions were issued on the judgment, on the 27th day of November, 1871, one to the Sheriff of Alameda county, and the other to the Sheriff of San Francisco, both of which were returned unsatisfied.
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Appeal from the District Court, Third Judicial District, County of Alameda. The plaintiff, on the 15th day of October, 1870, recovered a judgment against the defendant, John B. Beers, for two thousand nine hundred and seventy-four dollars, on a debt for money loaned. Two executions were issued on the judgment, on the 27th day of November, 1871, one to the Sheriff of Alameda county, and the other to the Sheriff of San Francisco, both of which were returned unsatisfied. The defendant, Mary E. Beers, was the daughter of the other defendant, who was a dentist by profession. The complaint alleged…
1Opinion of the Court
By the Court :
The evidence upon which the Court below rendered judgment for the defendants, and denied the motion of the plaintiff for a new trial, is substantially found in depositions, and, therefore, open to re-examination here upon the issues of fact involved. (Wilson v. Cross, 33 Cal. 60.)
A careful consideration of the evidence has satisfied us that in point of fact the defendant John B. Beers was the true and equitable owner of the several lots of lands described in the complaint, and that the claim of the defendant, Mary, thereto is merely colorable. The circumstances attending the…
2Cases cited1 opinion
- Wilson v. Cross & Co.California Supreme Court · 1867
3Cited by5 opinions
- Tupman v. HaberkernCalifornia Supreme Court · 1929
- Crisman v. LantermanCalifornia Supreme Court · 1906
- Menick v. GoldyCalifornia Court of Appeal · 1955
- O'Doherty v. TooleArizona Supreme Court · 1887
- Clifton v. HerrickCalifornia Court of Appeal · 1911