Handley v. Figg
California Supreme Court
Appeal from a judgment for the defendant in the Fifth District Court, County of San Joaquin. Booker, J. Action to establish a trust inland and compelaconveyance by the defendant to the plaintiff. The complaint in effect alleged the following facts: On the 23d day of October, 1873, one A. W. Cox purchased from the State of California the land in controversy, and received a certificate of purchase therefor, and afterwards died.
Read the full summary
Appeal from a judgment for the defendant in the Fifth District Court, County of San Joaquin. Booker, J. Action to establish a trust inland and compelaconveyance by the defendant to the plaintiff. The complaint in effect alleged the following facts: On the 23d day of October, 1873, one A. W. Cox purchased from the State of California the land in controversy, and received a certificate of purchase therefor, and afterwards died. One Lyons was duly appointed his admimstrator, and under proper proceedings in the Probate Court sold the land on June 15th, 1877, at public auction, and the plaintiff…
1Opinion of the Court
The Court:
The judgment from which this appeal is taken was entered on the 31st day of December, 1879, and the notice of appeal was not served and filed until the 11th day of June, 1880. As the appeal was not taken within sixty days after the rendition of the judgment, the exception to the decision on the *581ground that it is not supported by the evidence can not be reviewed on this appeal, which is from the judgment alone.
We think that the findings support the judgment, and that is all that we are called upon to decide upon this record.
Judgment affirmed.
2Cited by3 opinions
- Forni v. YoellCalifornia Supreme Court · 1893
- In re Rose's EstateCalifornia Supreme Court · 1888
- Ex parte HenshawCalifornia Supreme Court · 1887