Montgomery v. Kasson
California Supreme Court
Appeal from the Fourth District. Suit upon a promissory note executed hy defendant to the order of plaintiff. The body of the note states that it is given for “ part of the purchase money for certain swamp and overflowed lands, as per contract of this date.”
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Appeal from the Fourth District. Suit upon a promissory note executed hy defendant to the order of plaintiff. The body of the note states that it is given for “ part of the purchase money for certain swamp and overflowed lands, as per contract of this date.” The answer admits the execution of the note, and sets up as a defense the contract mentioned in the note; and avers, that the Legislature having repealed the Act of April 11th, 1857, granting lands to plaintiff and his associates, the note is void—the consideration therefor having failed; that plaintiff cannot give title to defendant; and…
1Opinion of the CourtField, C. J.
Cope, J. concurring.
The third section of the act “to provide for the Construction of Canals, and for Draining and Reclaiming certain Swamp and Overflowed Lands in Tulare Valley,” passed on the 11th of April, 1857, is a grant upon condition precedent, and not, as counsel of the respondent contend, upon condition subsequent. This is evident from the clause following the condition, and restricting the right of the grantees to take the odd sections until “ after the reclamation of the lands’,” and the accompanying proviso, that none of those sections shall be subject to private entry. The proviso…
2Cases cited2 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- State v. McCauleyCalifornia Supreme Court · 1860
3Cited by10 opinions
- Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
- People ex rel. Love v. CenterCalifornia Supreme Court · 1885
- Jumbo Cattle Co. v. Bacon & GravesTexas Supreme Court · 1890
- People ex rel. Love v. CenterCalifornia Supreme Court · 1885
- Allen v. ForrestWashington Supreme Court · 1894
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