Legal Opinion

Ellis v. Jeans

California Supreme Court

Decided July 1, 1857PublishedCited by 8 opinions

Appeal from the District Court of the Seventh Judicial District, County of Solano. The plaintiff, Robert B. Ellis, brought a suit of ejectment against the defendants, Thomas Jeans, Willis Long, and W. B. Long, to recover a tract of land in Solano county..

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Appeal from the District Court of the Seventh Judicial District, County of Solano. The plaintiff, Robert B. Ellis, brought a suit of ejectment against the defendants, Thomas Jeans, Willis Long, and W. B. Long, to recover a tract of land in Solano county.. The plaintiff put in evidence a conveyance of the land, dated August 21, 1850, from Manuel Vaca to William McDaniel; a subsequent conveyance of an undivided one-half thereof by McDaniel to L. B. Mizner; and a subsequent conveyance from McDaniel and Mizner to one Basye; and another from Basye to plaintiff; also a deed dated in 1852, from one…

1Opinion of the Court

Burnett, J.,

after stating the facts, delivered the ojnnion of the Court—Terry, J., concurring.

It is insisted by defendants that the instrument, coupled with possession under it, constitutes a present conveyance, with a covenant for further assurance; while the plaintiff maintains that it is no more than an agreement to convey when the labor mentioned should be performed.

The defendants’ counsel has referred to several authorities in support of his construction, the most important of which is that of Jackson v. Kisselbrack, (10 Johns., 335.) The material portions of the lease were as follows: “…

2Cases cited1 opinion

  1. Jackson ex dem. Livingston v. NivenNew York Supreme Court · 1813

3Cited by8 opinions

  1. Gervaise v. BrookinsCalifornia Supreme Court · 1909
  2. Hill v. GrigsbyCalifornia Supreme Court · 1867
  3. Roberts v. AbbottCalifornia Court of Appeal · 1920
  4. Ellis v. JeansCalifornia Supreme Court · 1864
  5. O'Keiffe v. CunninghamCalifornia Supreme Court · 1858

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