Lowell v. Kier
California Supreme Court
Appeal from the District Court, Seventh Judicial District, County of Mendocino. In September, 1872, E. J. Ytkipple agreed verbally with S. Mitchell to sell and convey to him a lot of land at Iiibbesilla, Mendocino County, for one hundred dollars, and Mitchell paid him the money and took possession and put permanent improvements on the lot. Whipple died in October, 1872. In November, 1872, Mitchell sold to the plaintiffs.
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Appeal from the District Court, Seventh Judicial District, County of Mendocino. In September, 1872, E. J. Ytkipple agreed verbally with S. Mitchell to sell and convey to him a lot of land at Iiibbesilla, Mendocino County, for one hundred dollars, and Mitchell paid him the money and took possession and put permanent improvements on the lot. Whipple died in October, 1872. In November, 1872, Mitchell sold to the plaintiffs. The defendants were appointed executors of the will of Whipple, on the 23d of November, 1872. This was an action to compel the executors to convey the lot to the plaintiffs,…
1Opinion of the Court
By the Court :
The action to compel the specific performance of the agreement mentioned in the complaint was brought within the period limited for its commencement against Whipple, had he lived.
It is not barred merely because it was not brought within one year after the issuance of letters to the defendants. *648The first clause of section 353 of the Code of Civil Procedure, while it may under some circumstances prolong the time originally limited, cannot operate in any case to shorten it.
Judgment and order affirmed.
2Cited by7 opinions
- Berger v. O'HEARNCalifornia Supreme Court · 1953
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- Estate of Shinoe v. ShinoeWisconsin Supreme Court · 1933
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- Viau v. ViauCalifornia Court of Appeal · 1922
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