Travers v. Crane
California Supreme Court
Appeal from the Twelfth District. Bill filed against Crane, as Administrator of Franklin C. Gray, deceased, Matilda C. Gray, his widow, F. C. Gray, the son, and Eaton, to enjoin Crane from proceedings at law against plaintiff, to recover certain real estate in San Francisco, to confirm a deed by Eaton, as attorney of Gray, to plaintiff, and to compel a deed from defendants to plaintiff.
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Appeal from the Twelfth District. Bill filed against Crane, as Administrator of Franklin C. Gray, deceased, Matilda C. Gray, his widow, F. C. Gray, the son, and Eaton, to enjoin Crane from proceedings at law against plaintiff, to recover certain real estate in San Francisco, to confirm a deed by Eaton, as attorney of Gray, to plaintiff, and to compel a deed from defendants to plaintiff. The executory contract mentioned by the Court, being lost, plaintiff proved it by a witness, who stated that plaintiff brought him a receipt in writing from Eaton in effect, that Eaton, as the attorney of…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
The plaintiff filed this hill to enjoin proceedings at law on the part of the defendants, to recover certain real estate in San Francisco. The foundation of the plaintiff’s (appellant’s) claim to equitable relief is, that he made an executory contract in July, 1853, with one Eaton, who was then the attorney in fact for Gray, by the terms of which, he was to pay some one hundred dollars in cash, and a further sum in a few months; a memorandum of the agreement was made at the time. The one hundred dollars was paid, and the defendant, shortly afterward, let into possession,…
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