Bruck v. Tucker
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, Eapa County. Dr. E. T. Bale, who was a grantee from the Mexican Government of a rancho in Napa Valley, called Carne Humana, or Coljolwanoc, died in 1849, leaving a will in which there is this clause: “Para mi hija Lolita [Isidora]. El molino de harina y todo el terreno, etc., que pertinece a dicho molino, media legua, mas o menos.” [To my daughter Lolita.
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Appeal from the District Court of the Seventh Judicial District, Eapa County. Dr. E. T. Bale, who was a grantee from the Mexican Government of a rancho in Napa Valley, called Carne Humana, or Coljolwanoc, died in 1849, leaving a will in which there is this clause: “Para mi hija Lolita [Isidora]. El molino de harina y todo el terreno, etc., que pertinece a dicho molino, media legua, mas o menos.” [To my daughter Lolita. The flour mill and all the land, etc., which pertains to said mill, a half league, more or less.] The rancho contained four leagues of land, and stretched about fifteen miles…
1Opinion of the Court
By the Court, Wallace, O'.:
The controversy in this case grows out of a devise contained in the will of Dr. Bale, made and published in 1849, in the following words: “To my daughter, Lolita, the flour mill, with the land pertaining thereto—a half league, more or less.”
The complaint, not verified, is in the form usual in actions for the recovery of lands. The defendants pleaded the general issue, and, also, as a second defense, set up title in themselves—which second defense, it may be here remarked, in view of the general issue already pleaded, *349amounted to nothing (Marshall v. Shafter, 32 Cal.…
2Cases cited8 opinions
- Estrada v. MurphyCalifornia Supreme Court · 1861
- Lestrade v. BarthCalifornia Supreme Court · 1862
- Green v. PalmerCalifornia Supreme Court · 1860
- Marshall v. ShafterCalifornia Supreme Court · 1867
- Downer v. SmithCalifornia Supreme Court · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- McCall v. Superior CourtCalifornia Supreme Court · 1934
- Newman v. FreitasCalifornia Supreme Court · 1900
- Prince v. LambCalifornia Supreme Court · 1900
- Swasey v. AdairCalifornia Supreme Court · 1891
- White v. SageCalifornia Supreme Court · 1906
41 more not listed; retrieve them via the Exa API.