Legal Opinion

Luckhart v. Ogden

California Supreme Court

Decided October 15, 1866PublishedCited by 16 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The following is the contract upon which the action was brought: “ This indenture, made the 31st day of August, in the year of our Lord one thousand eight hundred and sixty-three, between Richard L. Ogden and Paul J. Gifford, of the City and County of San Francisco, parties of the first part, and C. Augustus Luckhart, of the City and County of Los Angeles, party of the second part;…

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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The following is the contract upon which the action was brought: “ This indenture, made the 31st day of August, in the year of our Lord one thousand eight hundred and sixty-three, between Richard L. Ogden and Paul J. Gifford, of the City and County of San Francisco, parties of the first part, and C. Augustus Luckhart, of the City and County of Los Angeles, party of the second part; “Whereas, by an instrument in writing bearing date on the 13th day of April, 1863, between J. D. Cusenberry and others,…

1Opinion of the Court

By the Court, Currey, C. J..

On the 13th of April, 1863, J. D. Cusenberry and others, the discoverers of certain mines in the La Paz Mining District, in the Territory of New Mexico, conveyed to the plaintiff one undivided half of the property in fee, in consideration whereof the plaintiff covenanted and agreed to incorporate the parties interested in the property and open the mines. On the last day of the month of August of the same year, the plaintiff conveyed to the defendants his interest in said mining property, in consideration whereof they covenanted and agreed to and with him to perform…

2Cited by16 opinions

  1. Remsberg v. Hackney Manufacturing Co.California Supreme Court · 1917
  2. National Cash Register Co. v. LeskoSupreme Court of Connecticut · 1904
  3. Morris v. WibauxIllinois Supreme Court · 1895
  4. Wristen v. BowlesCalifornia Supreme Court · 1889
  5. Waugenheim v. GrahamCalifornia Supreme Court · 1870

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