Kinkead v. Shreve
California Supreme Court
Appeal from the Seventh District. Suit by Wm. Kinkead and Elizabeth B., his wife, on a bond executed by defendant, B. Shreve, in favor of plaintiffs. The condition of the bond is that “ if the above bounden"obligator shall, on or before the fifteenth day of April, 1859, make, execute and deliver unto the said Wm. and E. B. Kinkead a quit claim, good and sufficient deed to the undivided half of a certain piece or parcel of land,” etc.
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Appeal from the Seventh District. Suit by Wm. Kinkead and Elizabeth B., his wife, on a bond executed by defendant, B. Shreve, in favor of plaintiffs. The condition of the bond is that “ if the above bounden"obligator shall, on or before the fifteenth day of April, 1859, make, execute and deliver unto the said Wm. and E. B. Kinkead a quit claim, good and sufficient deed to the undivided half of a certain piece or parcel of land,” etc. “ Provided, that on or before the fifteenth day of April, 1859, Wm. and E. B. Kinkead do well and faithfully pay to B. Shreve, or order, certain promissory notes…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
Suit on a bond for $1000, conditioned that if the obligor “ shall, on or before the fifteenth day of April, 1859, make, execute and deliver to obligees a quit claim, good and sufficient deed” to certain premises, “ provided, that on or before the fifteenth day of April, 1859, obligees do well and faithfully pay to B. Shreve, or order, certain promissory notes,” etc. Plaintiffs aver demand for the deed and refusal: but the finding is that no demand was made. The judgment of the Court was in favor of defendant. One of the questions in the case, and which is decisive of it,…
2Cases cited3 opinions
- Fuller v. HubbardNew York Supreme Court · 1826
- Wells v. SmithNew York Court of Chancery · 1833
- Smith v. RobinsonSupreme Court of Alabama · 1847