Mathewson v. Fitch
California Supreme Court
Appeal from the Third Judicial District. The complaint in this case sets forth in substance: That there had been a judgment rendered in the District Court of the Fourth Judicial District, in favor of the defendant, in an action of ejectment wherein one Adams was plaintiff, and one Lansing defendant. That the plaintiff, Adams, in that action, claimed the exclusive title of the land sought to be recovered therein, through and under the will of Luis Peralta.
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Appeal from the Third Judicial District. The complaint in this case sets forth in substance: That there had been a judgment rendered in the District Court of the Fourth Judicial District, in favor of the defendant, in an action of ejectment wherein one Adams was plaintiff, and one Lansing defendant. That the plaintiff, Adams, in that action, claimed the exclusive title of the land sought to be recovered therein, through and under the will of Luis Peralta. That by said will the premises then in controversy, as well as the whole Rancho of San Antonio, of which said premises were a part, were…
1Opinion of the CourtNorton, J.
The obtaining the judgment which was rendered in the case of Adams v. Lansing (17 Cal. 629) was a performance of the condition upon which the defendant’s promise to pay the five hundred dollars depended. It may be readily imagined that the defendant supposed the decree which was to be obtained would forever settle the title of the parties claiming under the “ will,” but that is not the thing specified in the written promise. That only requires that the decree in some case then pending, or thereafter to be instituted, should declare the sisters’ title to be void, and the sons’ title to be the…
2Cases cited1 opinion
- Adams v. LansingCalifornia Supreme Court · 1861
3Cited by19 opinions
- Board of Commissioners v. JamesonIndiana Supreme Court · 1882
- Anchor Casualty Co. v. Surety Bond Savings & Loan Ass'nCalifornia Court of Appeal · 1962
- Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
- Brown v. BignéOregon Supreme Court · 1891
- Saladini v. RighellisMassachusetts Supreme Judicial Court · 1997
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