McCauley v. Fulton
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. Arthur Eggelso was, on the 24th day of July, 1854, the owner of one hundred vara lot one hundred and fourteen, and on said day executed the deed referred to in the opinion. It described the grantees as “Henry Graff, John J. Fulton, Samuel Rea, and William Graff, composing the firm of Graff, Fulton & Co., parties of the second part.”
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. Arthur Eggelso was, on the 24th day of July, 1854, the owner of one hundred vara lot one hundred and fourteen, and on said day executed the deed referred to in the opinion. It described the grantees as “Henry Graff, John J. Fulton, Samuel Rea, and William Graff, composing the firm of Graff, Fulton & Co., parties of the second part.” The lot was purchased with partnership funds, and used for partnership business. It was the undivided one fourth of this lot which was demanded in this action.…
1Opinion of the Court
By the Court, Belcher, J.:
This is an action to recover the possession of an undivided fourth of a lot in the City of San Francisco. The plaintiff claims title through a judgment of the Superior Court of the City of San Francisco against one William Graff, an execution issued thereon, a sale and Sheriff’s deed. The plaintiff had judgment, and the defendant appeals.
The first point presented is that the deed from Eggelso was void as to William Graff, under the Statute of Frauds. The deed is in the ordinary form of a bargain and sale deed, and after naming the four grantees describes them as…
2Cases cited4 opinions
- Estrada v. MurphyCalifornia Supreme Court · 1861
- Lang's Heirs v. WaringSupreme Court of Alabama · 1854
- Lowe v. AlexanderCalifornia Supreme Court · 1860
- Hickman v. O'NealCalifornia Supreme Court · 1858
3Cited by21 opinions
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
- Anderson v. GoffCalifornia Supreme Court · 1887
- Drake v. DuvenickCalifornia Supreme Court · 1873
- Bernhard v. WallCalifornia Supreme Court · 1921
- Dowell v. LahrIndiana Supreme Court · 1884
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