Baldwin v. Morgan
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, County of Contra Costa. The Western Pacific Railroad Company, the successor in interest of the Central Pacific Railroad Company of California, on the 4th day of June, 1867, entered into a contract with Joseph P. McCabe, in which it was recited that the company had sold him the northeast quarter of section twenty-seven, township one north, range three east, Mount Diablo base and meridian, for the sum of four hundred…
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Appeal from the District Court, Fifteenth Judicial District, County of Contra Costa. The Western Pacific Railroad Company, the successor in interest of the Central Pacific Railroad Company of California, on the 4th day of June, 1867, entered into a contract with Joseph P. McCabe, in which it was recited that the company had sold him the northeast quarter of section twenty-seven, township one north, range three east, Mount Diablo base and meridian, for the sum of four hundred dollars, and that it would execute to him a deed in fee simple within thirty days after it received a patent for the…
1Opinion of the Court
By the Court :
The contract of sale executed to McCabe by the Western Pacific Railroad Company, under which McCabe entered *588into possession, vested in him a perfect equity to the premises therein described, and an absolute right to a conveyance in fee, so soon as the company should obtain a patent from the government of the United States. By successive conveyances this equity passed to Sparling, and (subject to the lien of the mortgage delivered by the latter to the defendant Morgan), to Jordan & Clayton, and finally came to Jabez M. Baldwin, the plaintiff in this action. The question upon…
2Cases cited1 opinion
- de McKinlay v. TuttleCalifornia Supreme Court · 1872
3Cited by12 opinions
- Crouch v. H. L. Miller & Co.California Supreme Court · 1915
- Estate of ReidCalifornia Court of Appeal · 1938
- Hogan v. Superior CourtCalifornia Court of Appeal · 1925
- Farris v. MerrittCalifornia Supreme Court · 1883
- Roseborough v. CampbellCalifornia Court of Appeal · 1941
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