Tyler v. Granger
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. John F. Stayton, W. H. Devries and John F. Smith gave their joint and several promissory note to W. M. Ryer for the sum of forty-six hundred dollars, payable on the 22d day of October, 1862. As between the makers of the note, Stayton was to. pay one half of it; and, on the 7th day of January, 1863, the note had been placed by Ryer in the hands of the plaintiff, who was an attorney, for…
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. John F. Stayton, W. H. Devries and John F. Smith gave their joint and several promissory note to W. M. Ryer for the sum of forty-six hundred dollars, payable on the 22d day of October, 1862. As between the makers of the note, Stayton was to. pay one half of it; and, on the 7th day of January, 1863, the note had been placed by Ryer in the hands of the plaintiff, who was an attorney, for collection. On the last narned day, one half the amount due on the note was three thousand and five dollars, and Stayton executed…
1Opinion of the Court
By the Court, Sprague, J.:
This was an action of ejectment by a trustee of an express trust against subsequent grantees of the grantor of.the trust estate.
The complaint alleges an absolute conveyance of the premises to plaintiff by one John F. Stayton, and also the object and purpose of the conveyance, to which complaint is attached a declaration- of the trust made and executed by plaintiff, and delivered to Stayton at the same time of the execution and delivery of the deed to plaintiff.
Defendants demurred to plaintiff’s complaint upon the ground, among others, that the complaint did not state…
2Cited by11 opinions
- Sacramento Bank v. AlcornCalifornia Supreme Court · 1898
- Bostwick v. McEvoyCalifornia Supreme Court · 1881
- Roberts v. TaylorCourt of Appeals for the Ninth Circuit · 1924
- Adams v. LambardCalifornia Supreme Court · 1889
- Ringrose v. GleadallCalifornia Court of Appeal · 1911
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