Regla v. Martin
California Supreme Court
Appeal from the Third District. Bill to set aside a decree for fraud. Mariano Castro was the owner and in possession of the “ Solis Rancho,” situate in Santa Clara county. A negotiation for the sale and purchase of the land was had in November, 1845, between Mariano Castro and the defendant, Julius Martin. The price was fixed, but the trade was disturbed by a protest of Galen Castro, the brother of Mariano, who came in and claimed to be the owner of the land.
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Appeal from the Third District. Bill to set aside a decree for fraud. Mariano Castro was the owner and in possession of the “ Solis Rancho,” situate in Santa Clara county. A negotiation for the sale and purchase of the land was had in November, 1845, between Mariano Castro and the defendant, Julius Martin. The price was fixed, but the trade was disturbed by a protest of Galen Castro, the brother of Mariano, who came in and claimed to be the owner of the land. Galen proposed to Mariano that both should join in the conveyance to Martin and divide the price between them; but Mariano declined,…
1Opinion of the CourtBaldwin, J.
Field, C. J concurring.
This was a bill, filed by the heirs of one Castro, to set aside a decree obtained against them in 1853, by defendant, for the specific *475performance of a contract between himself and their ancestor. Martin obtained a decree after certain proceedings, which are set out in the bill. The ground upon which this bill proceeds, is fraud upon the part of Martin in obtaining the decree, and in the proceedings leading to it, and also other grounds applicable to three of the defendants, who were infants at the time of Martin’s decree. The question of fraud in fact was tried by the…
2Cited by1 opinion
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