Taylor v. McKinney
California Supreme Court
Appeal from the Ninth Judicial District. On the twenty-ninth day of May, 1856, N. A. Townsend and defendant entered into a contract, whereby Townsend agreed to sell to defendant the undivided one-half of a certain water ditch in Shasta County, for which defendant agreed to pay $5,000 in installments, defendant to have immediate possession, and upon the payment of the purchase money, Townsend to execute to him a conveyance.
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Appeal from the Ninth Judicial District. On the twenty-ninth day of May, 1856, N. A. Townsend and defendant entered into a contract, whereby Townsend agreed to sell to defendant the undivided one-half of a certain water ditch in Shasta County, for which defendant agreed to pay $5,000 in installments, defendant to have immediate possession, and upon the payment of the purchase money, Townsend to execute to him a conveyance. On the twenty-second of September, 1858, defendant being in possession, and the purchase money not having been paid, Townsend sold and assigned the contract to the…
1Opinion of the CourtCope, J.
This is an action to recover the purchase money of certain real estate, and to enforce a vendor’s lien for its payment. It is unnecessary to notice the points raised upon matters of evidence, except to say that there is nothing in them to justify us in disturbing the findings. The case, in other respects, is similar to that of Sparks v. Hess, (15 Cal. 186) the only difference being that here the contract has been assigned, and it is claimed that the lien of a vendor is not assignable. The vendor not only assigned the contract, but executed to the assignee a conveyance of the property; and…
2Cases cited1 opinion
- Sparks v. HessCalifornia Supreme Court · 1860
3Cited by5 opinions
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- Barron-Gray Packing Co. v. TapleyCalifornia Court of Appeal · 1947