Kisling v. Shaw
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This cause was tried upon the issues presented by the complaint and answer to the complaint, before the District Court, without a jury.
Read the full summary
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This cause was tried upon the issues presented by the complaint and answer to the complaint, before the District Court, without a jury. The following are the findings of fact and conclusions of law of the District Court: “ FirstADuring the year A. D. eighteen hundred and forty-seven (1847) John W. Kisling settled upon a tract of land, which became subsequently generally designated as the ‘ Kisling Claimsuch- tract being wholly situate within the limits of the City of San Francisco, as defined by the…
1Opinion of the Court
By the Court,'Rhodes, J.:
The plaintiffs, claiming as the devisees of John W. Kisling, deceased, seek to set aside certain deeds conveying several lots in the City of San Francisco, which were executed by John W. Kisling and wife to the defendant in the years 1853, 1854 and 1859. The grounds upon which they proceed are that during all the time from 1853 to 1859, inclusive, the defendant was the attorney and confidential friend and adviser of Kisling; that by his artful practices he gained an undue influence over Kisling; that by false suggestions and fraudulent concealment of facts, and…
2Cases cited4 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Whelan v. WhelanNew York Supreme Court · 1824
- Howell v. RansomNew York Court of Chancery · 1845
- Evans v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by47 opinions
- Colton v. StanfordCalifornia Supreme Court · 1890
- Cooley v. Miller & LuxCalifornia Supreme Court · 1909
- Carlson v. LantzCalifornia Supreme Court · 1926
- Hill v. HallMassachusetts Supreme Judicial Court · 1906
- Satterlee v. BlissCalifornia Supreme Court · 1869
42 more not listed; retrieve them via the Exa API.