Barr v. Schroeder
California Supreme Court
Appeal from the District Court, Second Judicial District, Tehama County. Ejectment to recover lots nine, ten, eleven, and twelve, in block thirty-one, in the town of Red Bluff, Tehama County.
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Appeal from the District Court, Second Judicial District, Tehama County. Ejectment to recover lots nine, ten, eleven, and twelve, in block thirty-one, in the town of Red Bluff, Tehama County. The complaint was in the usual form, and the answer consisted of a general denial, and a clause setting up title in defendant acquired by a purchase of the demanded premises at Sheriff’s sale, made under an execution issued on a judgment in favor of E. E. Corcoran and wife, and against J. Gr. Doll and J. L. Simpson, rendered after the date of the deeds hereinafter mentioned. It was admitted on the trial…
1Opinion of the Court
By the Court, Rhodes, J.:
The motion for a nonsuit was sustained on two grounds. The first ground is that the deed of trust did not pass the title from Doll. Doll conveyed the property in action, together with other lands, to Simpson in trust; to sell so much thereof as he might deem proper, to pay the promissory note of Doll to Hawkins, upon Doll’s failure to pay the same, and on the demand of the holder of the note, etc.; also, to sell parcels of the land “ whenever in his opinion a reasonable price was offered for the same;” and to reconvey to Doll the portion remaining unsold, upon the…
2Cases cited1 opinion
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
3Cited by27 opinions
- Frink v. RoeCalifornia Supreme Court · 1886
- Stewart v. SilvaCalifornia Supreme Court · 1923
- Hawley v. SmithIndiana Supreme Court · 1873
- Todd v. Superior Court of San FranciscoCalifornia Supreme Court · 1919
- State Ex Rel. West v. McCaffertySupreme Court of Oklahoma · 1909
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