Legal Opinion

Kerns v. Dean

California Supreme Court

Decided December 18, 1888No. 8211PublishedCited by 12 opinions

Appeal from a judgment of the Superior Court of Santa Cruz County, and from an order denying a new trial. The action was brought by Thomas Kerns as the grantee of W. H. Patterson, to recover the possession of land which had been sold to A. P. Sanford, deceased, in his lifetime, by said Patterson, under a contract which is fully described in the opinion. Further facts are stated in the opinion of the court, and in the cases therein referred to.

1Opinion of the CourtMcFarland, J.

Plaintiff had judgment, and defendant appeals from the judgment, and from an order denying a new trial.

Many of the facts and questions involved in this case are identical with those which were before this court in the cases of Kerns v. McKean, 65 Cal. 411; Kerns v. McKean, 76 Cal. 87; and Kerns v. Dean, 6 Pac. Rep. 704. The most of the facts are stated in the opinion of the court in said case of Kerns v. McKean, 65 Cal. 411. It is sufficient to say here that on October 25, 1867, W. H. Patterson, being the owner in fee of the land described in the complaint, made a written contract with A. P.…

2Cases cited3 opinions

  1. Kerns v. McKeanCalifornia Supreme Court · 1884
  2. Kerns v. McKeanCalifornia Supreme Court · 1888
  3. Kerns v. DeanCalifornia Supreme Court · 1885

3Cited by12 opinions

  1. Empire Investment Co. v. MortCalifornia Supreme Court · 1915
  2. In Re the Estate of McPheeCalifornia Supreme Court · 1908
  3. Brusie v. GatesCalifornia Supreme Court · 1889
  4. Miller v. BradburnSupreme Court of Oklahoma · 1925
  5. Chapman v. Sky L'Onda Mutual Water Co.California Court of Appeal · 1945

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