Peabody v. Phelps
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Solano. This was an action brought to recover the sum of $4,500, with interest, the purchase-money for a lot of ground in the city of Benicia, on the ground of false and fraudulent representation as to the fact of title in the vendor at the time of sale.
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Appeal from the District Court of the Seventh Judicial District, County of Solano. This was an action brought to recover the sum of $4,500, with interest, the purchase-money for a lot of ground in the city of Benicia, on the ground of false and fraudulent representation as to the fact of title in the vendor at the time of sale. The facts are as follows: In October, 1849, the defendant sold and conveyed to the plaintiff the lot of land for $4,500. Before, and at the time of the sale, the defendant represented to the plaintiff that he had the lot, or was the owner of the lot, and had purchased…
1Opinion of the CourtField, J.
The time within which a notice of motion must be filed to set aside the report of a referee, and a statement be prepared for that purpose, will depend upon the character of the reference; whether it be special, to report facts, or general, to report upon the whole issue. In the former case, the report has the effect of a special verdict; in the latter, it stands as the decision of the Court, and judgment may be entered thereon, and the decision be excepted to, and reviewed, in like manner as if the action had been tried by the Court. Upon facts found, whether by report of the referee, or…
2Cases cited5 opinions
- Frost v. RaymondNew York Supreme Court · 1804
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- Wardell v. Fosdick & DavisNew York Supreme Court · 1816
- Sloan v. SmithCalifornia Supreme Court · 1853
- Sanders v. BettsNew York Supreme Court · 1831
3Cited by29 opinions
- Martino v. DeneviCalifornia Court of Appeal · 1986
- Chaplin v. Superior CourtCalifornia Court of Appeal · 1927
- Hihn v. PeckCalifornia Supreme Court · 1866
- Sampson v. OhleyerCalifornia Supreme Court · 1863
- Pinon v. PollardCalifornia Court of Appeal · 1945
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