Porter v. Peckham
California Supreme Court
Appeal from the District Court of the Third Judicial District, Sauta Clara County. In 1837 Joaquin Bernal died, seized of the Rancho Santa Teresa, lying in what is now the County of Santa Clara. The land descended to his eleven children, among them Mareellina. Prior to 1853 Marcellina died, and Fichólas Valencia, one of her children, inherited a fifth of her interest. Thus Fichólas, through his mother, inherited one undivided fifty-fifth of the rancho.
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Appeal from the District Court of the Third Judicial District, Sauta Clara County. In 1837 Joaquin Bernal died, seized of the Rancho Santa Teresa, lying in what is now the County of Santa Clara. The land descended to his eleven children, among them Mareellina. Prior to 1853 Marcellina died, and Fichólas Valencia, one of her children, inherited a fifth of her interest. Thus Fichólas, through his mother, inherited one undivided fifty-fifth of the rancho. After the death of Bernal it was erroneously supposed that his widow, Josefa, took one half the rancho as bienes gananciales. (See Iiood v.…
1Opinion of the Court
By the Court, Niles, J.:
There was sufficient evidence to sustain the finding of the Court that “ in employing the defendant as an attorney at law in the action for partition of the Santa Teresa Ranch, the plaintiff acted for himself as to the interest which he claimed in the ranch, and as agent for the Valencias in relation to the interest claimed by Mrs. Valencia.” Assuming this to be the fact, the relation of attorney and client did not exist between the plaintiff and defendant by virtue of that employment as to the interest in the land then owned by Mrs. Valencia, and afterward conveyed by…
2Cited by7 opinions
- State Ex Inf. McKittrick v. C. S. Dudley & Co.Supreme Court of Missouri · 1937
- Strong v. WestSupreme Court of Georgia · 1900
- Bates v. American Mortgage Co.Supreme Court of South Carolina · 1893
- Lowry v. Southern Railway Co.Tennessee Supreme Court · 1906
- Ring Furniture Co. v. BussellSupreme Court of North Carolina · 1916
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