Stephens v. Mansfield
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This was an action of ejectment, for a lot in Placerville. From the findings of the Court it appears, that in 1852, plaintiff purchased the premises in question from one Jane A. Shearer, who was in possession; that his deed was recorded, and that he remained in possession under it for some months, when he made a verbal sale of the lot to one Alex.
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Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This was an action of ejectment, for a lot in Placerville. From the findings of the Court it appears, that in 1852, plaintiff purchased the premises in question from one Jane A. Shearer, who was in possession; that his deed was recorded, and that he remained in possession under it for some months, when he made a verbal sale of the lot to one Alex. Hunter, for the sum of six hundred dollars, to be paid thereafter, with interest at the rate of two or three per cent, per month ; that in July, 1853, about three…
1Opinion of the Court
1. The Court below erred in treating a verbal sale of land as an abandonment.
2. The judgment is inconsistent with the facts found, and erroneous.
*364Sanderson & Hewes for Respondent.
The points upon which respondent relies are briefly as follows:
1. That the verbal contract between Hunter and Stephens conferred a valid title.
2. That if that contract was within the statute of frauds, and consequently void, that Stephens must be presumed to have and actually did abandon all right to the lot long before we became the possessors of it.
The bargain, sale or arrangement made between Hunter and Stephens,…
Also in this document: Concurrence.
2Cases cited3 opinions
- Davis v. ButlerCalifornia Supreme Court · 1856
- Bequette v. CaulfieldCalifornia Supreme Court · 1854
- Bledsoe v. CainsTexas Supreme Court · 1853
3Cited by17 opinions
- Richardson v. McNultyCalifornia Supreme Court · 1864
- H.S. Crocker Co., Inc. v. McFaddinCalifornia Court of Appeal · 1957
- Mallett v. Uncle Sam Gold & Silver Mining Co.Nevada Supreme Court · 1865
- Saint Peter's Church v. BragawSupreme Court of North Carolina · 1907
- Goltra v. United StatesUnited States Court of Claims · 1951
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