Poehlmann v. Kennedy
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District,- City and County of San Francisco. The action was commenced in October, 1868. The plaintiff averred in his complaint that, on the 12th day of May,.1865,.;he owned a.piece -of: land, ¡being-,a .portion' of one .hundred, vara. Jot known on the map of San.
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Appeal from the District Court, Fifteenth Judicial District,- City and County of San Francisco. The action was commenced in October, 1868. The plaintiff averred in his complaint that, on the 12th day of May,.1865,.;he owned a.piece -of: land, ¡being-,a .portion' of one .hundred, vara. Jot known on the map of San. Francisco . as “;Lot-27Q,” and that, being indebted to A. J. Saulmann, one .of the defendants,,.in ,tlie sum of two .thousand dollars, ■with interest, he, on said:.day, made .and. delivered to him a deed of the lot, but that the deed was understood and agreed between the parties to…
1Opinion of the Court
By the Court, Niles, J.:
The nonsuit as to the plaintiff, on motion of the defendants, was properly granted. The opening statement of his counsel, taken in connection with the admissions of his verified answer to the intervention, Which formed a part of the pleadings in the case, showed that whatever right of property he may have once had in the subject matter of the controversy, had passed to the assignee in solvency, and was vested in him. (Hittell’s General Laws, Art. 3,843.) He had, therefore, no cause of action against the defendants, whatever claim he might have had against the…
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