Board of Commissioners v. Younger
California Supreme Court
Appeal from,the District Court, Third Judicial District, Santa Clara County. This was an action to have the deed of the plaintiffs to the defendant, so far as the same included the land in the possession of Gish, declared fraudulent and void, and to compel the ' defendant to reconvey the same to plaintiffs. Plaintiffs recovered judgment, and on application of defendant a new trial was granted. Plaintiffs appealed from the order granting a new trial.
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Appeal from,the District Court, Third Judicial District, Santa Clara County. This was an action to have the deed of the plaintiffs to the defendant, so far as the same included the land in the possession of Gish, declared fraudulent and void, and to compel the ' defendant to reconvey the same to plaintiffs. Plaintiffs recovered judgment, and on application of defendant a new trial was granted. Plaintiffs appealed from the order granting a new trial. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, C. J.
This is an appeal from an order granting a new trial upon the application of the defendant.
The facts of the case, as shown by the statement on motion for new trial, so far as a statement of the same is material to a proper understanding of the grounds of our decision, are substantially as follows:
On or about the 15th of December, 1860, the defendant, by his agent, C. B. Younger, made application to the plaintiffs by petition, in writing, for a conveyance from them to him of a certain tract of land held by them as trustees for the purposes and as provided in an…
2Cases cited3 opinions
- Marvin v. BennettNew York Supreme Court · 1841
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3Cited by23 opinions
- Harding v. RobinsonCalifornia Supreme Court · 1917
- Bacon v. SouleCalifornia Court of Appeal · 1912
- Marriner v. DennisonCalifornia Supreme Court · 1889
- Oppenheimer v. ClunieCalifornia Supreme Court · 1904
- Fritz v. FritzSupreme Court of Minnesota · 1905
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