Knox v. Moses
California Supreme Court
Appeal from a judgment of the Superior Court of Contra Costa County and from an order denying a new trial. The facts are stated in the opinion of the court. The appellate court on this appeal should take an original view of the evidence introduced precisely the same, and to the same extent, as could be done by the trial court, and the evidence should be. considered and weighed here exactly the same as if this were an original hearing.
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Appeal from a judgment of the Superior Court of Contra Costa County and from an order denying a new trial. The facts are stated in the opinion of the court. The appellate court on this appeal should take an original view of the evidence introduced precisely the same, and to the same extent, as could be done by the trial court, and the evidence should be. considered and weighed here exactly the same as if this were an original hearing. (Wilson v. Gross, 33 Cal. 69; Lander v. Beers, 48 Gal. 546; Reynolds v. Snow, 67 Cal. 499; Tuller v. Arnold, 93 Cal. 168.) Under the facts in this case the deed…
1Opinion of the CourtGaroutte, J.
This is an action of ejectment, and as a defense it is claimed that the realty involved is the separate property of respondent,, Julia A. Bray.
Her title rests upon the validity of a deed given to her by Watson A. Bray, her husband and corespondent, August 3, 1881. It is here claimed that this transfer of the realty was void, upon the ground that it was made with intent to defraud Watson A. Bray’s creditors, and the determination of the court as to the validity of this deed points the judgment in the case. The trial court by its findings of fact declared in favor of the deed, and those…
2Cases cited4 opinions
- Brown v. CampbellCalifornia Supreme Court · 1893
- Bull v. BrayCalifornia Supreme Court · 1891
- Reay v. ButlerCalifornia Supreme Court · 1892
- Threlkel v. ScottCalifornia Supreme Court · 1893
3Cited by10 opinions
- Johnson v. RutherfordNorth Dakota Supreme Court · 1914
- In Re Estate of MooreCalifornia Supreme Court · 1912
- Stevens v. MeyersNorth Dakota Supreme Court · 1905
- Wolters v. RossiCalifornia Supreme Court · 1899
- White v. BesseCalifornia Supreme Court · 1904
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