Learned v. Welton
California Supreme Court
Appeal from tbe District Court of tbe Twelfth District, City and County of San Francisco. Plaintiff demurred to tbe answer on tbe ground that tbe defence set up was insufficient in law, because tbe deed to Brown, wbicb was set out in tbe answer, was a good and valid deed, and transferred to bim all tbe title and possession of Elizabeth S. Welton and her husband, Merit Welton, to tbe real estate therein named.
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Appeal from tbe District Court of tbe Twelfth District, City and County of San Francisco. Plaintiff demurred to tbe answer on tbe ground that tbe defence set up was insufficient in law, because tbe deed to Brown, wbicb was set out in tbe answer, was a good and valid deed, and transferred to bim all tbe title and possession of Elizabeth S. Welton and her husband, Merit Welton, to tbe real estate therein named. Tbe Court below sustained tbe demurrer, and tbe defendants Merit Welton, Lamson Welton and Amy Welton, appealed. . Tbe other facts are stated in tbe opinion. It required tbe concurrence…
1Opinion of the Court
Khodes, O. J.,
delivered the opinion-of the-Court, Wallace, J., apd Sdbague, J., concurring:
Action to quiet title. The answer of Merit Welton, Lamson Welton and Amy Welton alleges that the premises, together with other lands, were conveyed to two trustees, in trust for Elizabeth S. Welton, and that the trustees accepted the trust; that one of the trustees, together with Mrs. Welton and her husband, executed a deed of the premises to George Brown, but that Mrs. Welton did not acknowledge the deed; that the other trustee never executed nor authorized the execution of the deed; that the…
2Cases cited1 opinion
- Welton v. PalmerCalifornia Supreme Court · 1870
3Cited by4 opinions
- Shanahan v. CramptonCalifornia Supreme Court · 1891
- Harrigan v. MowryCalifornia Supreme Court · 1890
- Stanton v. PreisCalifornia Court of Appeal · 1955
- Hoosier Mining Co. v. Union Trust Co.Court of Appeals of Kentucky · 1917