Hicks v. Post
California Supreme Court
APPEAL from a judgment of the Superior Court of Los Angeles County and from an order refusing a new trial. Waldo M. York, Judge. The facts are stated in the opinion of the court. The defendant had an equitable lien upon the property, which the plaintiff cannot divest in an action to quiet title. (Hunt v. Turner, 9 Tex. 385, 60 Am. Dec. 167; Nicoll v. Ogden, 29 111. 323, 378, 81 Am.
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APPEAL from a judgment of the Superior Court of Los Angeles County and from an order refusing a new trial. Waldo M. York, Judge. The facts are stated in the opinion of the court. The defendant had an equitable lien upon the property, which the plaintiff cannot divest in an action to quiet title. (Hunt v. Turner, 9 Tex. 385, 60 Am. Dec. 167; Nicoll v. Ogden, 29 111. 323, 378, 81 Am. Dee. 311; Pomeroy's Equity Jurisprudence, sec. 992; Stucker v. Yoder, 33 Iowa, 177; Carpenter V.’ Hathaway, 87 Cal. 434, 25 Pac. 549; Dupuy v. •Leavenworth, 17 Cal. 263; Bates v. Babcock, 95 Cal. 479, 29 Am. St.…
1Opinion of the CourtSloss, J.
Action to quiet title to a tract of one.hundred and twenty acres of land in Los Angeles County. The defendant answered, claiming ownership of an equitable interest in the land. His claim was based upon the provisions of a written agreement between plaintiff, Hicks, on the one hand, and defendant, Post, and Otis L. Lockhart, doing business as Post & Lockhart, on the other. This contract, dated the third day of March, 1903, recites that Hicks is the owner in fee simple of the land in controversy, having purchased the same from Post & Lockhart, and that he is desirous of having water developed…
2Cases cited12 opinions
- Coward v. ClantonCalifornia Supreme Court · 1898
- Zeimer v. AntisellCalifornia Supreme Court · 1888
- Wheeler v. FarmerCalifornia Supreme Court · 1869
- Shanklin v. HallCalifornia Supreme Court · 1893
- Ropes v. John Rosenfeld's SonsCalifornia Supreme Court · 1905
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3Cited by35 opinions
- Tenzer v. Superscope, Inc.California Supreme Court · 1985
- Estate of RuleCalifornia Supreme Court · 1944
- Augustine v. TruccoCalifornia Court of Appeal · 1954
- Herzog v. BlattCalifornia Court of Appeal · 1947
- Hooper v. MayfieldCalifornia Court of Appeal · 1952
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