Horton v. Dominguez
California Supreme Court
Appeal from a judgment of the Superior Court of Ventura County. The action was brought to recover the possession of certain lands. The defendants filed a cross-complaint setting up an agreement with the plaintiff whereby he promised to convey to one of the defendants a portion of the land, as soon as he had received a patent therefor from the United States.
Read the full summary
Appeal from a judgment of the Superior Court of Ventura County. The action was brought to recover the possession of certain lands. The defendants filed a cross-complaint setting up an agreement with the plaintiff whereby he promised to convey to one of the defendants a portion of the land, as soon as he had received a patent therefor from the United States. At the time of the agreement the land belonged to the United States, and had been entered by the plaintiff under the homestead laws. The further facts an stated in the opinion of the court.
1Opinion of the CourtThornton, J.
— The motion to dismiss the appeal is denied.
Conceding that the contract made before the patent was issued was void as against the states of the United States, it appears from the findings that after the patent was issued in November, 1879, another agreement was entered into between the parties, which is not void. This last agreement is as follows: —
“ That afterward, to wit, on or about the twenty-fifth day of December, 1882, in said Ventura County, defendants again demanded that said deed of conveyance should *643be executed to said lands to said Mercedes D. Dominguez, and that plaintiff then…
2Cited by28 opinions
- McDougald v. HuletCalifornia Supreme Court · 1901
- Krasky v. WollpertCalifornia Supreme Court · 1901
- Illinois Trust & Savings Bank v. Pacific Railway Co.California Supreme Court · 1896
- Ortega v. CorderoCalifornia Supreme Court · 1891
- Peck v. NoeeCalifornia Supreme Court · 1908
23 more not listed; retrieve them via the Exa API.