Legal Opinion

Doane v. California Land Co.

Court of Appeals for the Ninth Circuit

Decided May 28, 1917No. 2854PublishedCited by 10 opinions

Appeal from the District Court of the United States for the Northern Division of the Southern District of California; Oscar A. Trippet, Judge. _ . Suit to quiet title by the California Land Company against F. F: Doane. From a decree for plaintiff, defendant appeals.

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Appeal from the District Court of the United States for the Northern Division of the Southern District of California; Oscar A. Trippet, Judge. _ . Suit to quiet title by the California Land Company against F. F: Doane. From a decree for plaintiff, defendant appeals. This is a suit brought by the appellee to quiet its title to certain lands in Fresno county, Cal., which had, on February 25, 1913, been conveyed to the Los Angeles Trust & Savings Bank by 1-1. N. Coffin, John McMillan, and F. H. Parsons, appellee’s predecessors in interest, under a contract for the sale thereof to appellant. The…

1Opinion of the CourtMorrow, Circuit Judge

(after stating the facts as above). [1] 1. The first assignment of error relates to the action of the trial court in overruling appellant’s motion to dismiss upon the ground that there was pending in the state court an action by the appellant against the predecessors in interest of the appellee, and upon the further ground that the appellee corporation was formed and the lands conveyed to it for the purpose of ousting the state court of jurisdiction to try the issues involved in this case and of creating a case cognizable in the United States District Court.

So far as is shown by the record in…

2Cases cited13 opinions

  1. McClellan v. CarlandSupreme Court of the United States · 1910
  2. Lehigh Mining & Manufacturing Co. v. KellySupreme Court of the United States · 1895
  3. Grant v. BurrCalifornia Supreme Court · 1880
  4. Sacramento Bank v. AlcornCalifornia Supreme Court · 1898
  5. Bell Silver & Copper Mining Co. v. First National BankSupreme Court of the United States · 1895

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3Cited by10 opinions

  1. Brendle v. SmithDistrict Court, S.D. New York · 1942
  2. Lewis v. SchraderDistrict Court, N.D. Texas · 1923
  3. Giddens v. Estero Bay Estates, Inc.Court of Appeals for the Fifth Circuit · 1927
  4. McAdoo & Neblett v. F. P. Newport Corp.Court of Appeals for the Ninth Circuit · 1938
  5. Ratner v. Paramount Pictures, Inc.District Court, S.D. New York · 1942

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