Legal Opinion

Ingersoll v. Truebody

California Supreme Court

Decided January 15, 1871No. 2,496PublishedCited by 13 opinions

Appeal from the Seventh District Court, County of Napa. The facts are stated in the opinion. First — The Court submitted the question, was Phoebe Ingersoll the beneficiary mentioned in Vallejo’s contract to convey, to the jury. This was erroneous, for the reasons that recital in the deed óf Yallejo and Slusser were conclusive, that Chester Ingersoll, and not Phoebe Ingersoll, was "such beneficiary. (Ohatauque Oo.

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Appeal from the Seventh District Court, County of Napa. The facts are stated in the opinion. First — The Court submitted the question, was Phoebe Ingersoll the beneficiary mentioned in Vallejo’s contract to convey, to the jury. This was erroneous, for the reasons that recital in the deed óf Yallejo and Slusser were conclusive, that Chester Ingersoll, and not Phoebe Ingersoll, was "such beneficiary. (Ohatauque Oo. Banh v. Bisley, 4,Denio,' 480; Brandt v. Klein, 17 J. R. 335; Black v. Tneker, 12 Yt. 39; White v. Fatten, 24 Pick. 324; Jeskeep v. Shields, 4Har-rington, 345; Patten v. Deshon, 1…

1Opinion of the Court

Ceockett J.,

delivered the opinion of the Court, Temple, J., Wallace, J., and Rhodes, C. J., concurring:

The land in controversy was granted by the Mexican Government to Yallejo, who, in 1847, entered into a written obligation to one Chester Ingersoll, wherein he bound himself to convey -the land on payment of $400. The money was subsequently paid, and, shortly thereafter, Ingersoll died in San Francisco, leaving a widow and several minor children residing there. Thereupon letters of administration on the estate were granted at San Francisco to one Brooks, a brother-in-law of the deceased. At…

2Cases cited2 opinions

  1. Peck v. BrummagimCalifornia Supreme Court · 1866
  2. Donahue v. McNultyCalifornia Supreme Court · 1864

3Cited by13 opinions

  1. Estate of NeilsonCalifornia Supreme Court · 1962
  2. Jackson v. TorrenceCalifornia Supreme Court · 1890
  3. Blood Relatives of Hill v. Blood Relatives of HillCalifornia Supreme Court · 1914
  4. Gas Appliance Sales Co. v. W. B. Bastian Manufacturing Co.California Court of Appeal · 1927
  5. Green v. BatsonWisconsin Supreme Court · 1888

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