Ballard v. Carr
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. On the 5th day of February, 1858, the District Court of the United States for the Southern District of California, entered a decree confirming to Thomas O. Larkin a tract of land in Monterey County, known as the Bancho Cienga del Gabilan, containing eleven square leagues.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. On the 5th day of February, 1858, the District Court of the United States for the Southern District of California, entered a decree confirming to Thomas O. Larkin a tract of land in Monterey County, known as the Bancho Cienga del Gabilan, containing eleven square leagues. The grant was alleged to have been made to José Antonio Charvis, in Monterey, on the 26th day of October, 1843, by Manuel Micheltoreno, then Governor of California, and Charvis had sold to Larkin. The grant had been presented to…
1Opinion of the Court
By the Court, Rhodes, J.:
There is not sufficient evidence in the case to support the defense, that the contract entered into between Hartman and the defendant was .contra, bonos mores. The title to the *80rancho had already been confirmed, and Hartman undertook to resist a motion in the nature of a motion for a new trial, and to procure an order making the decree of confirma'ion final, or to procure a dismissal of -the appeal, should an appeal be taken to the Supreme Court of the United States. In performing such services, it is not shown that any concealment or improper practices were to be, or…
2Cases cited1 opinion
- Hall v. CenterCalifornia Supreme Court · 1870
3Cited by8 opinions
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