Thompson v. Spencer
California Supreme Court
Appeal from the District Court, First Judicial District, County of Santa Barbara. The town of Santa Barbara, as the successor of the pueblo of that name, owned the pueblo lands within its limits. On the 23d of February, 1867, P. C. Carillo petitioned the board of trustees of the town for a grant of block forty-eight. On the 30th of March following, the board made the grant, and appraised the block at ten dollars.
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Appeal from the District Court, First Judicial District, County of Santa Barbara. The town of Santa Barbara, as the successor of the pueblo of that name, owned the pueblo lands within its limits. On the 23d of February, 1867, P. C. Carillo petitioned the board of trustees of the town for a grant of block forty-eight. On the 30th of March following, the board made the grant, and appraised the block at ten dollars. On the 23d of April following, Carillo sold a part of the block to S. S. Phillips for sixty-two dollars, and gave him a quitclaim deed. The defendant, by mesne conveyances, acquired…
1Opinion of the Court
By the Court:
The quitclaim deed of Carillo made to Phillips on the 23d day of April, passed to the grantee the title to the premises in controversy. These premises had been already granted to Carillo by the board of trustees, by order duly entered in their records on the 30th day of March. The deed subsequently (on the 26th of April) delivered to Carillo pursuant to the grant, took effect by relation as of March the 30th, and vested the estate in him as of that day. The subsequent deed of Carillo, under which the plaintiff claims, and which was delivered by Carillo on the 5th day of January,…
2Cited by4 opinions
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- Krakow v. WilleWisconsin Supreme Court · 1905
- Scott v. StoneSupreme Court of Kansas · 1906
- Hohn v. BidwellSouth Dakota Supreme Court · 1911