Walker v. Sedgwick
California Supreme Court
Appeal from the District Court of the Eifth Judicial District, County of San Joaquin. This case has been several times before this Court, but went off upon points not involving the merits. The plaintiff Walker was in possession of a farm, and certain personal property thereon; all of which he sold in terms to defendant Sedgwick for about seven thousand two hundred dollars. The writing was not a sealed instrument, and was not acknowledged, but was ' signed by both patties.
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Appeal from the District Court of the Eifth Judicial District, County of San Joaquin. This case has been several times before this Court, but went off upon points not involving the merits. The plaintiff Walker was in possession of a farm, and certain personal property thereon; all of which he sold in terms to defendant Sedgwick for about seven thousand two hundred dollars. The writing was not a sealed instrument, and was not acknowledged, but was ' signed by both patties. In the instrument, Walker is said to sell and convey to Sedgwick the property. Under the written instrument, Sedgwick went…
1Opinion of the CourtBurnett, J.
The defendant having entered into possession of the land under the plaintiff, and in subordination to his title, is estopped from denying it. 1 Cal. Rep., 120, 470; Ellis v. James and others, April, 1857.
When the purchaser does not obtain the title which the deed purports to convey and the covenants embrace, and he goes into *403and retains possession under the deed, and the failure of the title goes to the entire consideration paid, or to be paid, for the land, then he must seek his remedy by a recision of the contract, alleging a paramount outstanding title in another, and offering to…
2Cases cited1 opinion
- Truebody v. JacobsonCalifornia Supreme Court · 1852
3Cited by9 opinions
- Hicks v. LovellCalifornia Supreme Court · 1883
- Hobbs v. DuffCalifornia Supreme Court · 1863
- Selna v. SelnaCalifornia Supreme Court · 1899
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- Bowdish v. City of DubuqueSupreme Court of Iowa · 1874
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