Visher v. Webster
California Supreme Court
Appeal from the Fifth District. To the facts in the opinion add, that, by contract under seal, dated September, 1854, Dennis leased to plaintiff a tract of land for one year, under the stipulation in the lease, that plaintiff was to put in the crop of grain, and, after the expenses of sowing, harvesting, and threshing were paid, to give Dennis one-half, as rent.
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Appeal from the Fifth District. To the facts in the opinion add, that, by contract under seal, dated September, 1854, Dennis leased to plaintiff a tract of land for one year, under the stipulation in the lease, that plaintiff was to put in the crop of grain, and, after the expenses of sowing, harvesting, and threshing were paid, to give Dennis one-half, as rent. Plaintiff took possession, hired men, furnished provisions, and put in the crop of wheat, barley, and oats.' Personally, however, he lived some eighteen miles from the land, and was there only once or twice a week. Dennis worked and…
1Opinion of the CourtBaldwin, J.
Field, J. concurring.
Trespass against the Sheriff for seizing plaintiff’s grain.
Defendant justified by process against one Dennis, and a claim that this was his property, or subject as his to the writ. The question was, whether there was fraud in a sale of this grain by Dennis to the plaintiff, and this question depended upon conflicting proofs.
1. The assignment of error which assails the refusal of the Court to grant a new trial, therefore, is not sustained.
2. There was a previous trial. Verdict and judgment for the plaintiff were had, which judgment was reversed in this Court. The Court…
2Cited by16 opinions
- Diamond v. Superior CourtCalifornia Supreme Court · 1922
- Driscoll v. DriscollCalifornia Supreme Court · 1904
- Davis v. McFarlaneCalifornia Supreme Court · 1869
- Stoddard v. TreadwellCalifornia Supreme Court · 1865
- Bernal v. HoviousCalifornia Supreme Court · 1861
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