Snow v. Kimmer
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. Plaintiff appeals. In 1871 the plaintiff purchased and in 1872 he received a patent from the United States for certain improved land, situated in the County of El Dorado.
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Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. Plaintiff appeals. In 1871 the plaintiff purchased and in 1872 he received a patent from the United States for certain improved land, situated in the County of El Dorado. From a time long prior to said purchase plaintiff had resided with his family upon said land, which is especially valuable for a spring of water thereon, appropriated and used by him for irrigating a variety of fruit-trees *and garden vegetables. The defendants, prior to said purchase, had located a mining claim upon and were opening a…
1Opinion of the Court
1. The demurrer should have been sustained. The contract set up in that portion of the answer demurred to was verbal contract concerning real property, and invalid as being within the Statute of Frauds. (Civil Code, secs. 1624 and 1741; Code Civil Procedure, sec. 1971.)
If it be claimed that the contract was not for the sale of an interest in the land, but for an easement, we answer that a claim for an easement must be founded upon a grant by deed or writing, or by prescription. ( Wagner v. Hanna, 38 Cal. 111.)
The answer alleges a contract to convey, and cannot he construed into a parol…
2Cases cited15 opinions
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Davis v. DavisCalifornia Supreme Court · 1864
- Wagner v. HannaCalifornia Supreme Court · 1869
- Thomas v. . DickinsonNew York Court of Appeals · 1855
- Cook v. Pridgen, Stapler & DunnSupreme Court of Georgia · 1872
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3Cited by2 opinions
- Mitchell v. ClineCalifornia Supreme Court · 1890
- Roy v. Harney Peak Tin Mining, Milling & Manufacturing Co.South Dakota Supreme Court · 1906