Miller v. Sears
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtDe Haven, J.
This is an action to recover the possession of certain described instruments consisting of a note, mortgage, and two deeds, each signed by the plaintiff, and alleged to have been deposited with the defendants.
The plaintiff was nonsuited, and the question before us is, whether the testimony of plaintiff was such as to show that the documents in controversy were delivered by him to defendants in escrow, as claimed by them.
We think the fair import of the testimony is to the effect that plaintiff had made an agreement, subject to further consideration as to title, with one Stimson and a Mrs.…
2Cases cited2 opinions
- In re AckermanCalifornia Supreme Court · 1889
- James v. VanderheydenNew York Court of Chancery · 1829
3Cited by15 opinions
- Simpson v. GreenTexas Commission of Appeals · 1921
- Tanner v. ImleCourt of Appeals of Texas · 1923
- Starkey v. Texas Farm Mortg. Co.Court of Appeals of Texas · 1932
- Blue v. ConnerCourt of Appeals of Texas · 1920
- Thomas v. BirchCalifornia Supreme Court · 1918
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