Slattery v. Hall
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, Sonoma County. The complaint, after setting forth the death of Michael Slattery, and the appointment and qualification of the plaintiff as his administratrix, and the possession of the deceased, and of the plaintiff, as his administratrix, of a portion (some two hundred and twenty acres) of the Blucher Rancho, in Sonoma County, describing it, proceeded to allege that while said plaintiff, and a great many other…
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Appeal from the District Court of the Seventh Judicial District, Sonoma County. The complaint, after setting forth the death of Michael Slattery, and the appointment and qualification of the plaintiff as his administratrix, and the possession of the deceased, and of the plaintiff, as his administratrix, of a portion (some two hundred and twenty acres) of the Blucher Rancho, in Sonoma County, describing it, proceeded to allege that while said plaintiff, and a great many other settlers, possessing other portions of the rancho, were so settled, and had such possession, it was ascertained that…
1Opinion of the Court
By the Court,
Wallace, J.:
The demurrer to the complaint was properly overruled; it was general—that the complaint did not state facts sufficient *196to constitute a cause of action. Under such a demurrer objection cannot be taken that the complaint is merely ambiguous. We think, too, that the nature of the trust, and the manner in which it was to be executed, sufficiently appears by the complaint.
The evident purpose of the parties was, that upon contributing .a proportionate share of the purchase money expended in acquiring the outstanding title to the general tract, each of the settlers was to…
2Cited by2 opinions
- Isaacs v. HollandWashington Supreme Court · 1892
- Palmer v. Utah & North Railway Co.Idaho Supreme Court · 1887