Shirley v. Shirley
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County, and from an order denying a new trial. The action was brought to recover the possession of an improved lot in the city of San Diego, the possession of which was given by plaintiff to her son, Frank B. Shirley, who resided thereon from the erection of a house in the spring of 1888, until his death, August 9, 1888. The Silver Terrace property referred to in the opinion is not identified in the transcript.
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Appeal from a judgment of the Superior Court of San Diego County, and from an order denying a new trial. The action was brought to recover the possession of an improved lot in the city of San Diego, the possession of which was given by plaintiff to her son, Frank B. Shirley, who resided thereon from the erection of a house in the spring of 1888, until his death, August 9, 1888. The Silver Terrace property referred to in the opinion is not identified in the transcript. The letter from Frank B. Shirley to his sister, which contained the allusion to Silver Terrace, was written from San Diego,…
1Opinion of the Court
Foote, C.
This action in ejectment was brought by Mrs. L. F. Shirley, the mother of one Frank B. Shirley, deceased, against his widow and. her tenant, H. M. Kutehin. An answer and cross-complaint was filed by the defendants, alleging a parol gift of the premises in controversy by the plaintiff to her son, Frank B. Shirley; that he was dead, and had left by will all his property to his said wife; that he had, before his death, complied with all the conditions of the parol gift and promise made by his mother, and asking for a specific performance thereof. The contentions thus raised were…
2Cited by3 opinions
- Raleigh v. WellsUtah Supreme Court · 1905
- Fleming v. FergusonSupreme Court of Kansas · 1946
- Stephens v. StephensUtah Supreme Court · 1917