S. Cal. Colony Assn. v. Bustamente
California Supreme Court
Appeal from the District Court, Eighteenth Judicial District, County' of San Bernardino. Action to recover damages for alleged trespasses on a tract of land, part of the Rancho de Jurapa, in San Bernardino County. The rancho was granted to Juan Bandini, in the year 1838. In 1842 or 1843, Bandini made a parol grant of a portion of. the rancho to a number of persons who had arrived in California from New Mexico.
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Appeal from the District Court, Eighteenth Judicial District, County' of San Bernardino. Action to recover damages for alleged trespasses on a tract of land, part of the Rancho de Jurapa, in San Bernardino County. The rancho was granted to Juan Bandini, in the year 1838. In 1842 or 1843, Bandini made a parol grant of a portion of. the rancho to a number of persons who had arrived in California from New Mexico. The condition of the grant was that the New Mexicans should protect the rancho from the incursions of ■ the Indians. In 1843, Bandini sold a league of the rancho to B. Wilson, who…
1Opinion of the Court
The Court erred in admitting in evidence parol evidence of the 'authority of Hamilton and Clark to assign the contract of sale to plaintiff. (Richardson v. The Scott R. W. & M. Co. 22 Cal. 150-158, and authorities there cited; Angell & Ames on Corporations.)
The Court erred in admitting in evidence the assignment (so-called) of the contract of sale, because no authority was shown in Hamilton and Clark to execute the same.
The Court erred in admitting in evidence the so-called deed of conveyance from the “ Silk Center Association ” to plaintiff, because said deed on its face appears to be the…
2Cases cited5 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- American Insurance v. OakleyNew York Court of Chancery · 1842
- Trustees of St. Mary's Church v. CaggerNew York Supreme Court · 1849
- Richardson v. Scott River W. & M. Co.California Supreme Court · 1863
- Bay View Homestead Ass'n v. WilliamsCalifornia Supreme Court · 1875
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- Gribble v. Columbus Brewing Co.California Supreme Court · 1893
- Underhill v. Santa Barbara Land, Building, & Improvement Co.California Supreme Court · 1892
- Big Vein Pocahontas Co. v. BrowningSupreme Court of Virginia · 1923
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