Conlin v. Ryan
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. This is an action by a married daughter against her father to compel the execution of a second deed to certain premises, the first deed having been lost before it was recorded. The property had been conveyed by the plaintiff and her husband to the defendant in trust, to be reconveyed to plaintiff as her separate property.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. This is an action by a married daughter against her father to compel the execution of a second deed to certain premises, the first deed having been lost before it was recorded. The property had been conveyed by the plaintiff and her husband to the defendant in trust, to be reconveyed to plaintiff as her separate property. The cause was referred to the Court Commissioners, who reported findings in favor of the plaintiff. Thereupon the plaintiff moved for judgment, which was denied, and, on motion…
1Opinion of the Court
By the Court:
1. The complaint contains a sufficient averment as to a demand for a deed having been made upon the defendant. It alleges as follows: “Plaintiff, on the 26th day of February, 1870, demanded of defendant the execution of another deed conveying said property to plaintiff, and then and there offered to pay the expenses thereof, and the defendant failed and refused, and still fails and refuses, to make or deliver such or any deed to plaintiff.” There was no necessity to make a second demand after the lapse of a reasonable time from the making of the first demand. The *73rule prevailing…
2Cases cited2 opinions
- Gray v. DoughertyCalifornia Supreme Court · 1864
- Cummings v. CoeCalifornia Supreme Court · 1858
3Cited by4 opinions
- The Atkins Corporation v. TournyCalifornia Supreme Court · 1936
- Jpmorgan Chase Bank, N.A. v. Ward, California Court of Appeal, 5th District2019
- Jacobson v. RomanMontana Supreme Court · 1920
- JPMorgan Chase Bank, N.A. v. WardCalifornia Court of Appeal · 2019