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Home > History and Archaeology > History > Reports of Cases Determined in the District Courts of Appeal of the State of California (Volume 4)
Reports of Cases Determined in the District Courts of Appeal of the State of California (Volume 4)

Reports of Cases Determined in the District Courts of Appeal of the State of California (Volume 4)


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1908. Not illustrated. Excerpt: ... due to appellant, if any, be correctly determined and settled. In the foreclosure proceedings it was ascertained and adjudged by the court that the defendants in that case had discharged their obligations to the plaintiff therein; that they owed him nothing; and it is too late for appellant to question that judgment now. 2. The contention is made also that support is lacking for the finding in reference to the deed from Joseph S. to Philip Simmons; that it was executed while Joseph was in debt to his partners in excess of his interest in the firm arid that Philip, at the time, had knowledge of this fact, and that the deed was ineffective to convey any interest. The only argument in this behalf made by appellant is that "the evidence shows that the deed was taken by Philip Simmons in good faith, on account of what the firm owed him, as well as money owing him by Joseph S. Simmons individually. It is the contention that the deed is valid in the absence of an attack for fraud." This argument is based upon the assumption that Philip was a firm creditor. But adversely to this position the question was settled by said judgment in the foreclosure suit. The judgment was rendered October 19, 1881, while the deed under which appellant claims was executed November 21st of the same year. Again, there was evidence before the court in the testimony of appellant from which the inference arises that the deed was taken by him on account of what "Joseph owed him generally." It is to be observed, also, that the deed itself purports to convey simply all the right, title and interest of Joseph Simmons individually in and to the particular piece of property, and it was so understood by appellant, as shown by his answer herein, as he claims only one-fourth of the property by virtue of...


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Product Details
  • ISBN-13: 9781153844352
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 338
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1153844354
  • Publisher Date: 16 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 657 gr

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Reports of Cases Determined in the District Courts of Appeal of the State of California (Volume 4)
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