Brenham v. Davidson
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. On the 10th day of March, 1851, defendant, Peter Davidson; was the owner of the real estate hereinafter described, and in consideration of one dollar and love and affection, granted, bargained, and sold it to his wife, the defendant Maria, and to his son, Peter A., and to such other heirs as his wife might have during the marriage, and after her decease to the children of the marriage, their…
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Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. On the 10th day of March, 1851, defendant, Peter Davidson; was the owner of the real estate hereinafter described, and in consideration of one dollar and love and affection, granted, bargained, and sold it to his wife, the defendant Maria, and to his son, Peter A., and to such other heirs as his wife might have during the marriage, and after her decease to the children of the marriage, their heirs and assigns forever. After the conveyance Davidson erected a brick store on the lot. On the 3d day of March, 1858,…
1Opinion of the Court
By the Court, Crockett, J.:
■ 1. The deed from Peter Davidson to his wife and his son, Peter A. Davidson, vested the estate in them in equal moieties as tenants in common in fee simple.
2. The price for which the property was sold to Hensley was $18,000, of which there was paid in cash to Peter Davidson as guardian, and to his wife, the sum of $11,633, and the remainder of the purchase-money was paid by the discharge by Hensley of a subsisting lien on the property for $2000, and the surrender of a promissory note for $4334 due to him from Peter Davidson. The court finds that at the time of the…
2Cases cited3 opinions
- Cochran v. Van SurlayNew York Supreme Court · 1838
- Rice v. ParkmanMassachusetts Supreme Judicial Court · 1820
- Terry v. HammondsCalifornia Supreme Court · 1873
3Cited by4 opinions
- Davidson v. KoehlerIndiana Supreme Court · 1881
- Texas Co. v. HenrySupreme Court of Oklahoma · 1912
- Lincoln v. AlexanderCalifornia Supreme Court · 1877
- Rider v. ReganCalifornia Supreme Court · 1896