Legal Opinion

Eldridge v. See Yup Co.

California Supreme Court

Decided July 1, 1860PublishedCited by 11 opinions

Appeal from the Fourth Disirict. Ejectment for a lot in San Francisco, both parties claiming title under the same grantor and by the same conveyance.

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Appeal from the Fourth Disirict. Ejectment for a lot in San Francisco, both parties claiming title under the same grantor and by the same conveyance. The facts are that on the fourteenth of May, 1853, Gray and Barber conveyed the premises in controversy to George Athaie, by deed in the form stated in the opinion of this Court—the consideration specified being $7,000. Subsequently, Edward Caney recovered judgment against Athaie, under execution upon which the premises were sold at Sheriff’s sale, bid in by Caney, who in time received the Sheriff’s deed. Caney conveyed by deed to plaintiff. The…

1Opinion of the CourtBaldwin, J.

Field, C. J. and Cope, J. concurring.

This suit was brought to recover possession of a lot in the city of San Francisco. Paintiff claims by Sheriff’s deed, upon execution sale made of the property as that of one Athaie, defendant in the process. This lot was conveyed to Athaie by deed of bargain and sale in the usual form, except that in the habendum of the deed these words appear: “For the use:of a Chinese church, or *51place of religious worship or moral instruction, under his direction and in conformity to the rules of the See Tup Company.” ' The main question is, whether this property thus…

2Cases cited6 opinions

  1. Snider v. CroyNew York Supreme Court · 1807
  2. Jackson, ex dem. Reeves v. ToppingNew York Supreme Court · 1828
  3. Hornbeck v. WestbrookNew York Supreme Court · 1812
  4. Jackson ex dem. Cooper v. CoryNew York Supreme Court · 1811
  5. Jackson v. IrelandNew York Supreme Court · 1829

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. City of Manhattan Beach v. Superior CourtCalifornia Supreme Court · 1996
  2. Willard v. First Church of Christ, ScientistCalifornia Supreme Court · 1972
  3. Burnett v. PiercyCalifornia Supreme Court · 1906
  4. Marshall v. Standard Oil Co.California Court of Appeal · 1936
  5. Irwin v. KilburnIndiana Supreme Court · 1885

6 more not listed; retrieve them via the Exa API.

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