Crane v. Carr
California Supreme Court
Appeal from a judgment for the plaintiffs in the Third District Court, County of Alameda. McKee, J. The note and mortgage sued upon were subject to the conditions and stipulations of a written agreement, executed by the defendant and his wife, of the same date, which is set out in the transcript.
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Appeal from a judgment for the plaintiffs in the Third District Court, County of Alameda. McKee, J. The note and mortgage sued upon were subject to the conditions and stipulations of a written agreement, executed by the defendant and his wife, of the same date, which is set out in the transcript. This agreement, after reciting the recovery of a judgment by a lessee of one Joel Harlan, and another judgment by Joel Harlan himself against the defendant for the recovery of certain land, and costs, and damages, and the transfer of the said lands and judgments to the plaintiffs, and the execution…
1Opinion of the Court
The Court:
The only question which arises upon the record on this appeal is whether certain proceedings which, at the date of the note and mortgage sued on, were pending in the Land Department of the United States, had resulted in vesting in the defendant a title to a certain quarter-section of land, described in the complaint, superior to the plaintiff’s title thereto.
That the proceedings were terminated prior to the commencement of this action is not disputed. But the parties differ as to how they terminated. That they terminated in the issuance of a United States patent to the defendant for…
2Cases cited2 opinions
- Huff v. DoyleSupreme Court of the United States · 1877
- Pratt v. CraneCalifornia Supreme Court · 1881