Legal Opinion

Smith v. Yule

California Supreme Court

Decided July 1, 1866PublishedCited by 39 opinions

Appeal from the District Court, Sixth Judicial District, Sacramento County. On the 8th day of November, 1855, the plaintiff, together with Mathew Simmons, E. H. Morse, and Mary D. Culver, purchased of Thomas Brooks two blocks of land in the City of Sacramento, lying between E and F and Eighteenth and Twentieth streets, and Brooks executed to them a deed, which was recorded.

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Appeal from the District Court, Sixth Judicial District, Sacramento County. On the 8th day of November, 1855, the plaintiff, together with Mathew Simmons, E. H. Morse, and Mary D. Culver, purchased of Thomas Brooks two blocks of land in the City of Sacramento, lying between E and F and Eighteenth and Twentieth streets, and Brooks executed to them a deed, which was recorded. On the 21st of August, 1856, the plaintiff Morse and Culver united in a deed of all the property to Simmons, in order to enable said Simmons to make sale of the same, and this deed was recorded. Simmons soon after sold all…

1Opinion of the Court

By the Court, Rhodes, J.:

We have bestowed much attention upon this case since its reargument by the counsel for the defendant, for questions of the importance of those presented demand mature deliberation before a conclusion is reached. Our labors have not been lightened by the assistance of counsel for the opposite party— the plaintiff having failed to present us with points, authorities or argument. Questions, the decision of which involve consequences of such magnitude as do those arising in this case, ought to be fully discussed on both sides before they are decided. Of the defendants no…

2Cases cited4 opinions

  1. Dutton v. WarschauerCalifornia Supreme Court · 1863
  2. Lestrade v. BarthCalifornia Supreme Court · 1862
  3. Fair v. StevenotCalifornia Supreme Court · 1866
  4. Lessee of Billington v. WelshSupreme Court of Pennsylvania · 1812

3Cited by39 opinions

  1. Caito v. United California BankCalifornia Supreme Court · 1978
  2. Unger v. MooneyCalifornia Supreme Court · 1883
  3. Bell v. PleasantCalifornia Supreme Court · 1904
  4. McDonald v. DabneySupreme Court of Georgia · 1926
  5. Emeric v. AlvaradoCalifornia Supreme Court · 1891

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