Morenhaut v. Bell
Synopsis
Appeal by plaintiffs from an order of the District Court of the Fourth Judicial District of the State of California, in and for the City and County of San Francisco, denying a motion for a new trial. Morrison, J.
Action to declare a trust in real estate to compel conveyances, etc. The action was originally brought August 21, 1866, and upon the trial had, judgment was rendered for the plaintiffs. The defendants appealed to the former Supreme Court of this State, and at the January term, 1872, thereof, the judgment was reversed, and cause remanded for a new trial. (See Morenhaut et al. v. Barron, 42 Cal. 591.) The pleadings having been amended, the case was again tried in the Court below, and judgment entered April 19, 1878, in favor of the defendants. The plaintiffs moved for a new trial, and this motion having been denied, they took this appeal on the twenty-sixth day of June, 1879. After the decision in bank, a petition for rehearing was presented by the appellants and denied by the Court.
The Court : Upon the execution of the deed of Montenegro to Forbes, August 7, 1848, “all the title that Montenegro then held” to the premises described in it, “ passed to and vested absolutely in Forbes.” (Morenhaut v. Barron, 42 Cal. 591.)
The only question that is open for our consideration and determination on this appeal is whether the sale from Monte[339]negro to Forbes was subsequently rescinded. Conceding that under the Mexican law such sale might have been rescinded, after the execution of said deed, the Court below found as a fact that it was not, and we think that the findings of the Court upon that and all the other issues were justified by the evidence.
Judgment and order denying the motion for a new trial affirmed.
Myrick, J., expressed no opinion.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)