Hartman v. Reed
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of San Diego. Augustin Olvera ownedthe Rancho Cuyamaca, lying in San Diego, under a grant from the Mexican nation.
Read the full summary
Appeal from the District Court, Seventeenth Judicial District, County of San Diego. Augustin Olvera ownedthe Rancho Cuyamaca, lying in San Diego, under a grant from the Mexican nation. In 1854, he entered into an agreement with Elisha O. Crosby, a practicing attorney, whereby it was agreed that said Crosby was to prosecute his claim for the rancho before the United States Land Commissioners, and the Courts of the United States, to a final confirmation, and procure a patent therefor. In consideration of such services to be performed Olvera conveyed, by deed of bargain and sale, to Crosby, an…
1Opinion of the Court
By the Court :
It is satisfactorily shown that, in the year 1854, Olvera, by deed of bargain and sale, conveyed to E. O. Crosby the undivided third of the Rancho Cuyamaca; that the only consideration therefor was the agreement of Crosby to prosecute to a final determination before the Board of Land Commissioners and the courts of the United States, the claim of Olvera to the said rancho, and that Crosby failed to perform his agreement. The title to the undivided third of the rancho vested absolutely in Crosby, and his agreement did not constitute a condition, upon a breach of which *489the title…
2Cited by16 opinions
- Lawrence v. GayettyCalifornia Supreme Court · 1889
- Richter v. Union Land & Stock Co.California Supreme Court · 1900
- Lavely v. NonemakerCalifornia Supreme Court · 1931
- Michell v. Grass Valley Gold Mines Co.California Supreme Court · 1929
- Shaw v. CaldwellCalifornia Court of Appeal · 1911
11 more not listed; retrieve them via the Exa API.