Green v. Covillaud
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Tuba. Thomas Elrod and Isaac Green filed their bill in the Tenth Judicial District against Charles Covillaud, J. II. Ramirez, William H. Sampson, G. ÍT. Swezy, E. L. Aud, guardian of C. B. Sampson, a lunatic; S. C. Tompkins, executor of the estate of R. B. Buchanan; Minnie 0. Buchanan, and George C. Briggs.
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Appeal from the District Court of the Tenth Judicial District, County of Tuba. Thomas Elrod and Isaac Green filed their bill in the Tenth Judicial District against Charles Covillaud, J. II. Ramirez, William H. Sampson, G. ÍT. Swezy, E. L. Aud, guardian of C. B. Sampson, a lunatic; S. C. Tompkins, executor of the estate of R. B. Buchanan; Minnie 0. Buchanan, and George C. Briggs. The bill shows that the plaintiffs and one M. J. Turney and one Ezra Bligh, on the first of January, 1851, purchased of R. S. S. and said Buchanan, a tract of land near Marysville, containing about two hundred and…
1Opinion of the Court
Baldwin, J., after stating the facts, delivered the opinion of the Court
2ConcurrenceTerry, C. J.
The law supposes that every suitor will state his case as strongly as the facts warrant; and hence the rule that a pleading is taken most strongly against the party making it. The plaintiffs’ bill in this case, moreover, was sworn to. It is evident that the bill was framed upon the supposition that no duty of paying the note devolved upon the payors until the payees obtained a confirmation of title to the premises; and that the fact that the title was in litigation or uncertainty, was a sufficient excuse for non-payment,…
3Cases cited5 opinions
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Taylor v. LongworthSupreme Court of the United States · 1840
- Brashier v. GratzSupreme Court of the United States · 1821
- Benedict v. LynchNew York Court of Chancery · 1815
- Van Eps v. Mayor of SchenectadyNew York Supreme Court · 1815
4Cited by31 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Livermore v. BealCalifornia Court of Appeal · 1937
- Lux v. HagginCalifornia Supreme Court · 1886
- Leavitt v. Lassen Irrigation Co.California Supreme Court · 1909
- Hicks v. LovellCalifornia Supreme Court · 1883
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