McDonald v. Huff
California Supreme Court
Appeal from a judgment of the Superior Court of Humboldt County, and from an order denying a new trial. In 1882, John Huff being indebted to John E. McDonald, who held a mortgage upon the land in controversy, and also a judgment against said Huff, it was agreed between them that Huff should convey the mortgaged land to John E. McDonald, in consideration of a release of all of said indebtedness, and that a conveyance of the land should be held in escrow by E. H. McDonald till…
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Appeal from a judgment of the Superior Court of Humboldt County, and from an order denying a new trial. In 1882, John Huff being indebted to John E. McDonald, who held a mortgage upon the land in controversy, and also a judgment against said Huff, it was agreed between them that Huff should convey the mortgaged land to John E. McDonald, in consideration of a release of all of said indebtedness, and that a conveyance of the land should be held in escrow by E. H. McDonald till November 21, 1882; and in case Huff paid to John E. McDonald $3,080 before said date, the conveyance should be returned…
1Opinion of the CourtWorks, J.
This cause was heard in Department One, and reversed. A rehearing was granted. Upon a careful consideration of the questions presented, 'and more fully argued at the hearing in Bank, we are of the opinion that the judgment in department should not stand as the judgment of the court.
The deed from the appellant Huff to respondent was, in the hands of R. H. McDonald, an escrow. (Cannon v. Handley, 72 Cal. 133, 140; Schmidt v. Deegan, 69 Wis. 300.) And being so, it could not be revoked by the appellant. (Cannon v. Handley, supra; Knopf v. Hansen, 37 Minn. 215.) The depositary was not the agent of…
2Cases cited7 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Cannon v. HandleyCalifornia Supreme Court · 1887
- Vassault v. EdwardsCalifornia Supreme Court · 1872
- Rutenberg v. MainCalifornia Supreme Court · 1874
- Schmidt v. DeeganWisconsin Supreme Court · 1887
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