Green v. Butler
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This action was brought to compel an accounting and a reconveyance of the property.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This action was brought to compel an accounting and a reconveyance of the property. Plaintiff claimed that the deed and defeasance constituted a mortgage, and that Leavitt, unknown to plaintiff, had paid Butler a large portion of the sum mentioned in the defeasance before the execution of the same,- and that the amount thus paid by Leavitt, and the proceeds of the property received by Butler as mortgagee in possession, had satisfied the mortgage, and that Leavitt and Butler had combined together to…
1Opinion of the Court
By the Court, Sawyer, J.
A large portion of the briefs on both sides is devoted to a discussion of the evidence. But no appeal has been taken from the order denying a new trial, and the parties must be presumed to have been satisfied with the facts as found. Whether they were or not, the appeal is from the judgment alone, and, on such appeal, we cannot review the evidence. The practice is the same in all cases, whether at law or in equity. (Allen v. Fennon, post.) Whatever doubt there might formerly have been on this point as to cases in equity, there can be none since the passage of the Act…
2Cases cited3 opinions
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
- Remsen v. HayNew York Court of Chancery · 1835
- Adams v. McKenzieSupreme Court of Alabama · 1851
3Cited by8 opinions
- Watson v. EdwardsCalifornia Supreme Court · 1894
- Wilson v. CarpenterIndiana Supreme Court · 1878
- Doggett v. JohnsonMontana Supreme Court · 1928
- Haynes v. RosenfieldSupreme Court of Oklahoma · 1924
- De Martin v. PhelanU.S. Circuit Court for the District of Northern California · 1891
3 more not listed; retrieve them via the Exa API.