Russ v. Mebius
California Supreme Court
Appeal from the Twelfth District. The material facts as found by the referee, are in substance, that Christian Russ, now deceased, arrived in California in 1847, and here resided until his death, in 1857; that plaintiff and all the defendants are his only surviving children, except defendants Johanna Christiana Russ, who is his widow, and C. F. Mebius, husband of one defendant—Mebius and Adolphus G-. Russ being executors of the last will and testament of deceased; that in…
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Appeal from the Twelfth District. The material facts as found by the referee, are in substance, that Christian Russ, now deceased, arrived in California in 1847, and here resided until his death, in 1857; that plaintiff and all the defendants are his only surviving children, except defendants Johanna Christiana Russ, who is his widow, and C. F. Mebius, husband of one defendant—Mebius and Adolphus G-. Russ being executors of the last will and testament of deceased; that in 1847, Christian Russ, the father, having applied to Bryant, then Alcalde of San Francisco, for a grant of lots Nos. 256,…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
The plaintiff conveyed to his father certain real estate in the city .of San Francisco, and the object of this suit is to set aside the convey*355anee and obtain possession of the properly. The case was tried by a referee, and upon his report a judgment was rendered in favor of the defendants. The plaintiff appeals from this judgment, and contends that the facts found by the referee are sufficient to entitle him to recover. The ground upon which he relies is the want of consideration for the conveyance. It appears that the consideration was a verbal agreement by the father…
2Cited by18 opinions
- Oyama v. CaliforniaSupreme Court of the United States · 1947
- Brison v. BrisonCalifornia Supreme Court · 1888
- Feeney v. HowardCalifornia Supreme Court · 1889
- Blanc v. ConnorCalifornia Supreme Court · 1914
- Acker v. PriestSupreme Court of Iowa · 1894
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