Swanger v. Mayberry
California Supreme Court
APPEAL from a judgment for the plaintiff, and from an order denying a new trial, in the Superior Court of Mono County. Briggs, J The Court found that the notes were executed as part of the consideration of the sale and conveyance to the maker by quitclaim deed of all standing and growing timber fit to be sawed and manufactured into lumber, standing and growing upon the lands referred to in the opinion.
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APPEAL from a judgment for the plaintiff, and from an order denying a new trial, in the Superior Court of Mono County. Briggs, J The Court found that the notes were executed as part of the consideration of the sale and conveyance to the maker by quitclaim deed of all standing and growing timber fit to be sawed and manufactured into lumber, standing and growing upon the lands referred to in the opinion. The deed contained a covenant on the part of the grantor that he would use due diligence to obtain a Government title to said land.
1Opinion of the Court
McKee, J.:
This case arises out of an action to recover a balance alleged to be due upon two promissory notes. It appears, by the findings in the case, that the notes were given in part payment for the purchase money for growing timber on four hundred and eighty acres of public land, of which the plaintiff had neither possession nor title, but to which he “ claimed a possessory right.” As claimant of such a right, the plaintiff “•sold and conveyed to the defendant all his right, title, and interest in and to all the timber fit to be sawed into lumber, then growing and being upon the land, for…
2Cases cited3 opinions
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
- Ladda v. HawleyCalifornia Supreme Court · 1880
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- Berka v. WoodwardCalifornia Supreme Court · 1899
- Stockton Plumbing & Supply Co. v. WheelerCalifornia Court of Appeal · 1924
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Howell v. City of Hamburg Co.California Supreme Court · 1913
- County of Shasta v. MoodyCalifornia Court of Appeal · 1928
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