Anthony v. Chapman
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Santa Clara, and from an order refusing a neu trial. This was an action of ejectment by the administratrix of Mary A. Smith. The plaintiff claimed under a conveyance from one Bird to Mary A. Smith. The defendants claimed that this conveyance was made to Mary A. Smith in trust for one J. P. Smith, who paid the consideration therefor, and from whom they derived title.
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Appeal from a judgment of the Superior Court of the county of Santa Clara, and from an order refusing a neu trial. This was an action of ejectment by the administratrix of Mary A. Smith. The plaintiff claimed under a conveyance from one Bird to Mary A. Smith. The defendants claimed that this conveyance was made to Mary A. Smith in trust for one J. P. Smith, who paid the consideration therefor, and from whom they derived title. Mary A. Smith left a will, appointing J. P. Smith her executor. He applied for letters' testamentary, and in his petition represented that» the property in controversy…
1Opinion of the CourtSharpstein, J.
The most important question presented by the record is whether the finding that the consideration for the conveyance from Bird to Mary A. Smith was furnished by J. P. Smith, is justified by the evidence. The deed recites that the consideration was paid by Mary A. Smith, the grantee therein, *74and while the express declarations of the deed in that respect may be controlled by parol proof alone, it is well settled that such evidence must be full, clear, and satisfactory. Nothing appearing to the contrary, the presumption is that the consideration was paid by the grantee in the deed; and while…
2Cases cited2 opinions
- Kennedy v. Estate of KennedySupreme Court of Missouri · 1874
- Werkheiser v. WerkheiserSupreme Court of Pennsylvania · 1832
3Cited by17 opinions
- Tucker v. BrownWashington Supreme Court · 1944
- Bauer v. GarrettCalifornia Supreme Court · 1889
- Hoppin v. LongMontana Supreme Court · 1925
- Hewel v. HoginCalifornia Court of Appeal · 1906
- In re the Estate of BeltWashington Supreme Court · 1902
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