Muldrow v. Norris

Appeal from the District Court of the Sixth Judicial District, for the County of Sacramento.

At the March Term, 1851, of the District Court, Muldrow filed in said Court, sealed articles of submission, dated February 14th, 1851, executed by himself and Norris, reciting that various differences had long existed between the parties, and submitting all matters of difference, suits, &e., arising or accrued before the 1st day of December, 1850, to White, Homer and McDaniel, and agreeing that the award of them, or any two of them, should be final and conclusive; and constituting the said arbitrators, jointly and severally, attorneys in fact, to confess judgment in said Court against the parties, or either of them, according to the award to be made by the arbitrators; and further agreeing that neither party should appeal from such judgment, nor sue out any writ of certiorari, or other writ to review the same, or prevent execution thereon; and declaring the submission and power of attorney irrevocable, provided the award should be made on or before the 1st of April, 1851; and authorizing the arbitrators to determine as to the costs of the arbitration, and of all suits between the parties, &c. Muldrow, at the same time, also filed the award of Homer and McDaniel, made February 28th, 1851, which, after reciting the submission, &c., awarded, in substance, as follows: That Norris had violated a lease executed by him to Mul- * drow, in November, 1849,—which lease was by the award declared valid; and thereby caused damage to Muldrow in the sum of $23,500, as follows; that by the lease, Muldrow might use, at his option, from one to 1000 acres of land belonging to Norris; that Muldrow was able and desirous to cultivate 200 acres of said land, but was prevented by Norris from using more than 40 acres, and thus deprived of the use and profits of 160 acres; that the produce of 20 acres of the said land was proved to have been worth $9000, making the produce of 200 acres, when cultivated, worth $90,000; that by the lease Norris was to receive one-fourth of the produce; which would have left $67,500 for Muldrow, had he cultivated the 200 acres; that after deducting from said $67,500, three-fourths of the gross amount for the expense of ditching and cultivating the 160 acres, and $3375 for the use of the 40 acres cultivated by Muldrow, there remained a balance of $13,500 in his favour; to which the arbitrators added $6000 damages for the violation by Norris of Muldrow’s Ferry privileges, and $4000 damages for the refusal of Norris to furnish Muldrow the number of cows specified in the lease ; making in all the said sum of $23,500: and further awarding to Muldrow the use of the 200 acres referred to, as designated in a map made an exhibit, and of the ferry; that the expenses of the arbitration be paid by the parties equally; that the costs of the suits referred to in the submission be paid by Norris; and that the parties execute mutual releases.