Mercier v. Hemme
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Maria Antonio Mesa owned the rancho Einconada del Arroyo de San Francisquito, in the county of Santa Clara, which had been granted to him by the Mexican government and confirmed to him by the United States.
Read the full summary
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Maria Antonio Mesa owned the rancho Einconada del Arroyo de San Francisquito, in the county of Santa Clara, which had been granted to him by the Mexican government and confirmed to him by the United States. The rancho contained two thousand two hundred and thirty acres, but Mesa sold twenty-five acres in his lifetime, and died leaving the land to his eight heirs, who thus inherited about two hundred and seventy-five acres each. Patricio de Soto was one of the heirs, and defendant Lewis purchased his…
1Opinion of the Court
By the Court:
The court below found that, on the 18th day of July, 1884, Milton A. Lewis “promised and agreed to and with *609Jules Mercier to sell to him, said Mercier, all his right, title and interest in and to the rancho Rinconada del Arrojo de San Francisquito.”
This is substantially a finding that Mercier, at that time, purchased and was entitled to a conveyance of the small interest in the rancho, which Moultrie had conveyed to Mrs. Lewis—wife of Milton A. Lewis—because that interest would appear to have been, not her separate estate, as found by the court, but property belonging to the…
2Cited by4 opinions
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
- Pry Corp. of America v. LeachCalifornia Court of Appeal · 1960
- Thompson v. Lincoln National Life InsuranceMontana Supreme Court · 1943
- Coggswell v. GriffithNebraska Supreme Court · 1888