Cummings v. Coe
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. In April, 1851, the defendant sold, and by deed conveyed, certain real property to the plaintiff. In the month of May following, the deed was accidentally destroyed by fire in San B'rancisco, and this suit was instituted to compel the .defendant to execute to the plaintiff a new deed of the premises.
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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. In April, 1851, the defendant sold, and by deed conveyed, certain real property to the plaintiff. In the month of May following, the deed was accidentally destroyed by fire in San B'rancisco, and this suit was instituted to compel the .defendant to execute to the plaintiff a new deed of the premises. The complaint is verified by the plaintiff, and is accompanied hy an affidavit of the execution and destruction of the deed made by the notary, with whom the instrument was left a day or two previous to the…
1Opinion of the Court
Field, J., after stating the facts of the case, delivered the opinion of the Court
Terry, C. J., and Baldwin, J., concurring.
The proof of the execution of the deed and of its accidental destruction, is full and satisfactory, and the jurisdiction of a Court of Equity to decree a re-execution of the deed, is unquestionable. The jurisdiction is maintained in such cases where the destruction would create a defect in the deradgnment of the plaintiff’s title, and thus embarrass the assertion of his rights to the property. “ If a conveyance to apurchaser,” observes Sugden, “have accidentally been…
2Cases cited2 opinions
- McMillan v. RichardsCalifornia Supreme Court · 1858
- Smith v. ColvinNew York Supreme Court · 1853
3Cited by8 opinions
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- The Atkins Corporation v. TournyCalifornia Supreme Court · 1936
- Griffin v. FriesSupreme Court of Florida · 1887
- Cartright v. CartrightWest Virginia Supreme Court · 1912
- Conlin v. RyanCalifornia Supreme Court · 1873
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