Montgomery v. Harrington
California Supreme Court
Appeal from a judgment for the plaintiff in the Tenth District Court, County of Colusa, Keyser, J.; and from an order denying a new trial in the Superior Court for said county.
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Appeal from a judgment for the plaintiff in the Tenth District Court, County of Colusa, Keyser, J.; and from an order denying a new trial in the Superior Court for said county. Hatch, J. The complaint states that the plaintiff and defendant made an agreement as follows: “ This agreement, made this 14th day of March, 1877, between A. Montgomery, of Golusa County, State of California, the party of the first part, and John T. Harrington, of said county and State, the party of the second part; “ Witnesseth, that whereas the said party of the second part has made a good and sufficient deed of…
1Opinion of the CourtSharpstein, J.
If the delivery or tender of a deed by the plaintiff to the defendant of land to which the plaintiff had no right, title, or claim, either in law or equity, was not a condition precedent to his right to maintain this action, the pendency of another suit between the same parties for the same cause of action was well pleaded and proven by the defendant. If the plaintiff’s right of action had depended upon his delivery or tender to the defendant of a deed of the land described in the complaint, the fact of the plaintiff’s having no right, title, dr claim to the land either in law or equity would…
2Cases cited1 opinion
- Taylor v. CastleCalifornia Supreme Court · 1871
3Cited by4 opinions
- Smith v. SmithCalifornia Supreme Court · 1901
- Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1937
- Baker v. Eilers Music Co.California Supreme Court · 1917
- Fresno Investment Co. v. RussellCalifornia Court of Appeal · 1921