Cory v. Hyde
California Supreme Court
Appeal from the Probate Court, County of Butte. On the 10th day of September, 1873, William Hyde filed his petition in the Probate Court of Butte County, in the case of “in the Matter of the Estate of J. C. Cory, deceased,” in which he alleged that, on or about the 1st day of April, 1870, J. C. Cory and D. D. Fox were the owners, as tenants-in-common, of lot five in block nine, in the town of Chico, and that said Fox and Cory entered into an agreement with petitioner, in…
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Appeal from the Probate Court, County of Butte. On the 10th day of September, 1873, William Hyde filed his petition in the Probate Court of Butte County, in the case of “in the Matter of the Estate of J. C. Cory, deceased,” in which he alleged that, on or about the 1st day of April, 1870, J. C. Cory and D. D. Fox were the owners, as tenants-in-common, of lot five in block nine, in the town of Chico, and that said Fox and Cory entered into an agreement with petitioner, in which they bargained and sold and agreed to convey to the petitioner said lot, for the sum of .five hundred dollars to be…
1Opinion of the Court
By the Court, McKinstry, J.:
This is an appeal from a decree of the Probate Court ordering an administrator to execute a conveyance of real estate alleged by petitioner to have been purchased from the decedent. The petition does not set forth that the contract between the decedent and petitioner was in writing. If the statute gives power to the Probate Court to decree specific performance only of written contracts, an averment of the writing is necessary to give that Court jurisdiction. Such averment is not simply analogous to *471that of a contract in a complaint filed in the District Court, when…
2Cited by8 opinions
- Wadleigh v. PhelpsCalifornia Supreme Court · 1906
- Bullerdick v. HermsmeyerMontana Supreme Court · 1905
- Read v. RahmCalifornia Supreme Court · 1884
- In Re Bank's EstateMontana Supreme Court · 1927
- Reagan v. Justice's Court of CityCalifornia Supreme Court · 1888
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