Hicks v. Lovell
California Supreme Court
Appeal from a judgment of the Superior Court of the county of San Diego, and from an order refusing a new trial. The agreement of September 10, 1879, referred to in the opinion of the court, was to the effect that plaintiff agreed to sell to the defendant Lovell and one Wheeler a certain parcel of land for the sum of fifteen hundred dollars to be paid in wheat, the purchasers agreeing to go into possession, plant and cultivate the land, and deliver annually to the grantor…
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Appeal from a judgment of the Superior Court of the county of San Diego, and from an order refusing a new trial. The agreement of September 10, 1879, referred to in the opinion of the court, was to the effect that plaintiff agreed to sell to the defendant Lovell and one Wheeler a certain parcel of land for the sum of fifteen hundred dollars to be paid in wheat, the purchasers agreeing to go into possession, plant and cultivate the land, and deliver annually to the grantor one half of all the wheat raised thereon at a stipulated price until the purchase money ivas paid. The agreement of March…
1Opinion of the CourtMcKee, J.
Ejectment to recover several parcels of land in San Diego County.
The answer to the complaint in the case contained a general denial, the defense of a former recovery, and of an equitable title to the land, and also a cross-complaint in equity. The statement of the cause of action in the cross-complaint showed that the defendant was in possession of the lands in controversy under two agreements in writing—one dated September 10, 1879, and the other March 1, 1880—by which he and one Wheeler had agreed to purchase the lands from the plaintiff, according to the terms and conditions of said…
2Cases cited25 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Graves v. . WhiteNew York Court of Appeals · 1882
- Green v. CovillaudCalifornia Supreme Court · 1858
- Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
- Megerle v. AsheCalifornia Supreme Court · 1867
20 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Gates v. McLeanCalifornia Supreme Court · 1886
- Garvey v. LashellsCalifornia Supreme Court · 1907
- Secret Valley Land Co. v. PerryCalifornia Supreme Court · 1921
- Gervaise v. BrookinsCalifornia Supreme Court · 1909
- Davenport v. BurkeIdaho Supreme Court · 1915
46 more not listed; retrieve them via the Exa API.