Morgan v. Stearns
California Supreme Court
Appeal from tbe District Court of tbe Seventeenth District, Los Angeles -County. Tbe facts are stated in tbe opinion: First — Tbe contract called for a quit-claim deed, but respondent tendered a grant, bargain and sale deed, for signature of appellant and wife. This was not a demand under tbe contract. A contract to sell land and give a deed does not authorize tbe vendee to demand one executed by tbe wife, even if she has dower.
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Appeal from tbe District Court of tbe Seventeenth District, Los Angeles -County. Tbe facts are stated in tbe opinion: First — Tbe contract called for a quit-claim deed, but respondent tendered a grant, bargain and sale deed, for signature of appellant and wife. This was not a demand under tbe contract. A contract to sell land and give a deed does not authorize tbe vendee to demand one executed by tbe wife, even if she has dower. (Ketchum v. Fvertson, 13 J. E. 270. Gazley v. Price, 16 Id. 267 and 12 Id. 443; Hill v. Grigsby, 35 Cal. 661; 11 Wend. 50; 20 J. E. 24.) The vendor is not put in…
1Opinion of the Court
"Wallace, J".,
delivered the opinion "of the Court, Rhodes, C. J., Temple, J., and Ceookett, J., concurring:
This is an action brought upon the following agreement:
“ This agreement, made and entered into the 28th day of December, 1868, between Abel Stearns, of the City and County of Los Angeles, and State of California, the party of the first part, and Edgar M. Morgan, of the same City, County and State, the party of the second part, witnesses; That the said party of the first part, in consideration of the covenants and agreements on the part of the said party of the second part, hereinafter…
2Cited by6 opinions
- Johnson v. SchimpfCalifornia Supreme Court · 1925
- William James Sons Co. v. HutchinsonWest Virginia Supreme Court · 1916
- Engasser v. JonesCalifornia Court of Appeal · 1948
- Hamaker v. BryanCalifornia Supreme Court · 1918
- Ganiats Construction, Inc. v. HesseCalifornia Court of Appeal · 1960
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