Gethin v. Walker

Thornton, J.: Ejectment to recover a tract of land in Los Angeles County. The decision of the Court is as follows:

“ 1. On the twenty-seventh day of April, 1876, and for a long time prior thereto, Alvinza Hayward was seised in fee and was in possession of that certain tract of land situate in the County of Los Angeles, State of California, and described as follows, to wit: The north one half of section 16, and the north one half of the east one quarter of section 15, township four north, range 13 west, San Bernardino meridian, being known as the Soledad Mills property, consisting of quartz mills and property known respectively as the Searles Mills and Polk and Kohler Mills property, and the Eureka Mining Company’s Mills, together with the machinery, water rights, easements, servitudes, hereditaments, and all other rights, privileges, and franchises now exercised therewith or thereunto belonging.

[504]“ 2. On the twenty-seventh day of April, 1876, the said A1-vinza Hayward, while seised in fee and in possession of said property, made and entered into a contract with George B. Walker, the defendant herein, for the sale and purchase of said property, which said contract was substantially as follows, to wit: That if the said George B. Walker should on or before the twenty-seventh day of October, 1876, well and truly pay to the said Hayward the sum of two thousand five hundred dollars, in gold coin, then he, the said Hayward, would make, execute, and deliver to the said Walker a good and sufficient deed of quitclaim to the said described premises; and that in default of said payment at the time and in the manner agreed upon by said Walker, then the said Hayward reserved the right to rescind the contract immediately upon such failure. In pursuance of the conditions of said contract, Walker then and there made a payment of five hundred dollars, taking a receipt therefor, and also gave his certain promissory note for two thousand dollars, due and payable on or before the twenty-seventh day of October, 1876. And the said Hayward thereupon made and executed a good and sufficient quitclaim deed of said premises to the said Walker, and deposited the same with one John G. Downey in escrow, to be delivered to Walker upon his complying with the terms of the said agreement.

“ 3. That thereupon, and under said contract, and by virtue of the permission thereby given, the said Walker entered into possession of the premises in controversy, and has ever since remained in possession of the whole of said premises, and claimed to hold the same under and by virtue of the said contract.