Brannan v. Mesick
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Sacramento. This is a proceeding in equity to remove a cloud from plaintiff’s title to cetain lots in Sacramento city.
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Appeal from the District Court of the Sixth Judicial District, County of Sacramento. This is a proceeding in equity to remove a cloud from plaintiff’s title to cetain lots in Sacramento city. Plaintiff deraigns title from John A. Sutter, Jr., through a conveyance executed on the 20th of June, 1850, in favor of the plaintiff, S. C. Bruce, Julius Wetzlar, and James S. Graham, which is as follows : John A. Sutter, Jr., to Samuel Brannan, Samuel O. Bruce, Julius Wetzlar, and James S. Graham.—This indenture, made the twentieth day of June, in the year one thousand eight hundred and fifty, between…
1Opinion of the Court
Terry, C. J., after stating the facts, delivered the opinion of the Court
Burnett, J., and Field, J., concurring.
The case, as presented by the record, involves three questions :
First, as to the character of the conveyance from Sutter to Brannan and others.
Second, the effect of the registration; and,
Third, whether the conditions were performed by the vendees.
The objection on the ground that one of the grantees was the trustee or agent of Sutter, and that the purchase was a fraud on his cestui que trust, is not supported by the record. The only evidence on this point is that of Wetzlar, who says…
2Cited by19 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- Victory Oil Co. v. Hancock Oil Co.California Court of Appeal · 1954
- Maxwell v. HarperWashington Supreme Court · 1909
- Adams v. JohnsonSupreme Court of Pennsylvania · 1910
- Blanchard v. ReedSupreme Court of Oklahoma · 1917
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