Brennan v. Ford
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Santa Cruz. The complaint alleges that in October, 1873, James Brennan owned the “thousand-acre tract,” being a part of the Rancho Corralitos, and that defendant, Ford, at the same time owned an undivided one thirteenth of the Rancho San Andreas, and that said Brennan then made an agreement with said Ford by which said Brennan was to sell and convey to said Ford the undivided half of said “thousand-acre…
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Appeal from the District Court, Twentieth Judicial District, County of Santa Cruz. The complaint alleges that in October, 1873, James Brennan owned the “thousand-acre tract,” being a part of the Rancho Corralitos, and that defendant, Ford, at the same time owned an undivided one thirteenth of the Rancho San Andreas, and that said Brennan then made an agreement with said Ford by which said Brennan was to sell and convey to said Ford the undivided half of said “thousand-acre tract,” and said Ford was to sell and convey to said Brennan the undivided half of said one thirteenth of said Rancho San…
1Opinion of the Court
By the Court, Crockett, J.:
This action is to enforce the specific performance of a contract for the conveyance of land, and a demurrer to the complaint having been sustained, final judgment was entered for the defendants, from which the plaintiff appeals.
The objection that the defense of the Statute of Limitations set up in the demurrer is not well pleaded in point of , form, is not tenable. The demurrer in this respect is not obnoxious to the objection commented upon in Brown v. Martin, 25 Cal. 89, and Kent v. Snyder, 30 Cal. 672. The point decided in these cases was that the defense of the…
2Cases cited6 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Love v. WatkinsCalifornia Supreme Court · 1871
- Brown v. MartinCalifornia Supreme Court · 1864
- Miles v. ThorneCalifornia Supreme Court · 1869
- Kent v. SnyderCalifornia Supreme Court · 1866
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3Cited by32 opinions
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- Luco v. De ToroCalifornia Supreme Court · 1891
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