Legal Opinion

Farmer v. Grose

California Supreme Court

Decided October 15, 1871No. 2,177PublishedCited by 19 opinions

Appeal from the District Court of the Seventh Judicial District, Sonoma County. Ejectment. The defendants were indebted to one Manion, on a note secured by mortgage on the demanded premises, and obtained from Farmer the money to pay the note. Farmer relied on his paper title. The defendants appealed. The other facts are stated in the opinion.

1Opinion of the Court

By the Court, Crockett, J.:

On the 29th of March, 1867, Barry and wife, by their absolute deed of that date, reciting a consideration of five thousand dollars, conveyed to the plaintiff the land in controversy. On the same day the plaintiff executed and delivered to Barry a writing in the nature of a defeasance, which recites that on that day Barry and wife had sold the land to the plaintiff for the sum of five thousand dollars, which was paid to them, and then provides that if Barry shall pay to the plaintiff the said sum of five thousand dollars, on the first day of the ensuing October, with…

2Cited by19 opinions

  1. Beeler v. American Trust Co.California Supreme Court · 1944
  2. Booth v. HoskinsCalifornia Supreme Court · 1888
  3. McNamara v. CulverSupreme Court of Kansas · 1879
  4. Lawrence v. DuBoisWest Virginia Supreme Court · 1880
  5. Gassert v. BogkMontana Supreme Court · 1888

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