Legal Opinion

Frisbie v. Moore

California Supreme Court

Decided July 1, 1876No. 5146PublishedCited by 3 opinions

Appeal from the District Court, Seventh Judicial District, County of Napa. After the Supreme Court of the United States had rejected the Suscol grant, Congress, on the third day of March, 1863, passed an act for the relief of the purchasers under Vallejo and his assigns of portions of the said Suscol raucho, entitled “An act to grant the right of pre-emption to certain purchasers on the Suscol rancho, in the State of California,” by the terms of which bona fide purchasers…

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Appeal from the District Court, Seventh Judicial District, County of Napa. After the Supreme Court of the United States had rejected the Suscol grant, Congress, on the third day of March, 1863, passed an act for the relief of the purchasers under Vallejo and his assigns of portions of the said Suscol raucho, entitled “An act to grant the right of pre-emption to certain purchasers on the Suscol rancho, in the State of California,” by the terms of which bona fide purchasers from said Vallejo or his assigns were permitted to enter and purchase according to the lines of the public surveys at one…

1Opinion of the Court

By the Court:

It appears from the agreed statement of facts that in the year 1861, the plaintiff, being a purchaser from Vallejo (the grantee of the Mexican Government), of a parcel of land included in the Suscol rancho, sold it to the female defendant, then an unmarried woman, and conveyed it to her by a deed containing no covenant of warranty; that a portion of the purchase money was paid at the date of the deed, and the vendee then executed to the plaintiff her obligation in writing, whereby she undertook to pay him the further sum of $1,000 with interest, “ on the final confirmation by the…

2Cases cited1 opinion

  1. Snow v. FerreaCalifornia Supreme Court · 1873

3Cited by3 opinions

  1. Hagenmeyer v. Board of EqualizationCalifornia Supreme Court · 1889
  2. Landregan v. PeppinCalifornia Supreme Court · 1890
  3. Collins v. AmissIndiana Supreme Court · 1903

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