Morenhout v. Barron
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. This was an action brought for the purpose of having a certain tract of eight leagues of land, called the Rancho “ Caslamayomi,” in Lake County, adjudged to be held by the defendant in trust for the plaintiffs, to compel a conveyance thereof to them, and to enjoin defendant from setting up any title thereto adverse to the plaintiffs.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. This was an action brought for the purpose of having a certain tract of eight leagues of land, called the Rancho “ Caslamayomi,” in Lake County, adjudged to be held by the defendant in trust for the plaintiffs, to compel a conveyance thereof to them, and to enjoin defendant from setting up any title thereto adverse to the plaintiffs. It appears that on August 23d, 1847, one Eugenio Montenegro, being the owner by grant from the Mexican Government of the rancho named, entered into an agreement, in…
1Opinion of the Court
By the Court, Rhodes, J.:
One of the questions which the Court proposed to counsel on the reargument was: Upon what particular ground of equity jurisdiction does the complaint rest? In view of the peculiar circumstances of the case, and of the numerous positions taken by the plaintiffs, it was very proper that they should state the ground, or, if they proceeded on more than one theory, the grounds on which they claimed relief. Instead of responding directly to the question, they have furnished us with long citations from the opinions in numerous cases in equity, in which questions similar to…
2Cases cited2 opinions
- Estrada v. MurphyCalifornia Supreme Court · 1861
- Wilson v. CastroCalifornia Supreme Court · 1866
3Cited by12 opinions
- Harris v. LloydMontana Supreme Court · 1891
- Schirmer v. DrexlerCalifornia Supreme Court · 1901
- Green v. ChandlerCalifornia Supreme Court · 1880
- Simmons v. SimmonsCalifornia Supreme Court · 1913
- Gaston v. DrakeNevada Supreme Court · 1879
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