Legal Opinion

Burke v. Bours

California Supreme Court

Decided November 27, 1891No. 13912PublishedCited by 24 opinions

Appeal from a judgment of the Superior Court of San Joaquin County, and from an order denying a new trial. The facts are stated in the opinion of the court in the present case, and also in the opinion reported in Arguello v. Bours, 67 Cal. 447.

1Opinion of the CourtGaroutte, J.

This is an action in ejectment; defendant claims to be in possession under a perfect equitable title, and this appeal is taken by plaintiff from the judgment, upon a bill of exceptions. The cause has been in this court before (67 Cal. 447), and it was there held that the deed to defendant to the realty in dispute, made by plaintiff’s predecessor in interest, was void by reason of the fact that the grantee’s name was not inserted therein until after it was signed and acknowledged.

At the time of the alleged sale of this land, which is situated in the city of Stockton, one Arguello, who resided…

2Cases cited3 opinions

  1. Michoud v. GirodSupreme Court of the United States · 1846
  2. Gardner v. . OgdenNew York Court of Appeals · 1860
  3. De Arguello v. BoursCalifornia Supreme Court · 1885

3Cited by24 opinions

  1. Calmon v. SarrailleCalifornia Supreme Court · 1904
  2. Sterling v. SmithCalifornia Supreme Court · 1893
  3. Sands v. Eagle Oil & Refining Co.California Court of Appeal · 1948
  4. Cisco v. Van LewCalifornia Court of Appeal · 1943
  5. Broder v. ConklinCalifornia Supreme Court · 1898

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