Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 7Bancroft-Whitney, 1909 |
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Halaman 8
... FINDING . - Where it appears without question that the use of the easement in controversy was open , notorious , peaceable and contin- uous for the statutory period , and with the knowledge and acqui- escence of the defendants , but ...
... FINDING . - Where it appears without question that the use of the easement in controversy was open , notorious , peaceable and contin- uous for the statutory period , and with the knowledge and acqui- escence of the defendants , but ...
Halaman 11
... finding of the trial court . In reviewing the action of the lower court the following obvious reflections must be taken into account . A grant of an easement will be presumed on proof of use and enjoy- ment for a time corresponding with ...
... finding of the trial court . In reviewing the action of the lower court the following obvious reflections must be taken into account . A grant of an easement will be presumed on proof of use and enjoy- ment for a time corresponding with ...
Halaman 14
... FINDINGS.- In an action to set aside a deed executed by a mother to her son , where the court found that when the deed ... finding of the plaintiff's in- capacity and of her inability to understand the nature and result of the deed , yet ...
... FINDINGS.- In an action to set aside a deed executed by a mother to her son , where the court found that when the deed ... finding of the plaintiff's in- capacity and of her inability to understand the nature and result of the deed , yet ...
Halaman 18
... finding upon that point , and we are not prepared to say that the court was not justified in making said finding . Besides , we do not think that the proposition of the alleged mental incompetency of plaintiff to the extent that she was ...
... finding upon that point , and we are not prepared to say that the court was not justified in making said finding . Besides , we do not think that the proposition of the alleged mental incompetency of plaintiff to the extent that she was ...
Halaman 19
... finding we do not feel at liberty to inter- fere . There is no room for doubt , under the evidence as pre- sented here , that the relations existing between plaintiff and defendant were confidential and therefore of a fiduciary char ...
... finding we do not feel at liberty to inter- fere . There is no room for doubt , under the evidence as pre- sented here , that the relations existing between plaintiff and defendant were confidential and therefore of a fiduciary char ...
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adverse possession affidavit affirmed alleged amended answer application bill of exceptions cause of action charged Civil Procedure claim Code of Civil Company complaint concurred contract corporation damages deceased declared deed defendant defendant's demurrer district attorney easement election Emily G entitled error evidence execution facts favor fendant filed finding fraud Fresno county granted grantor ground habeas corpus held homestead indictment injury instruction judge judgment and order jurisdiction juror jury land lease lien Los Angeles County ment mortgage motion negligence notice objection opinion order denying owner paid party payment Penal Code person petition petitioner plaintiff pleaded possession premises prior prosecution purchase question quiet title reason record refused Respondent rule statute sufficient Superior Court supreme court sustained testified testimony therein thereof tion trial court trust unlawful verdict witness writ
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Halaman 253 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Halaman 68 - ... the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant...
Halaman 192 - In all other cases, the action must be tried in the county in which the defendants, or some of them, reside at the commencement of the action.
Halaman 332 - Fear, such as will constitute extortion, may be induced by a threat : 1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his or to any member of his family ; or 2.
Halaman 652 - The voluntary appearance of a defendant is equivalent to personal service of the summons and copy of the complaint upon him.
Halaman 248 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt...
Halaman 202 - The homestead is subject to execution or forced sale in satisfaction of judgments obtained: 1. Before the declaration of homestead was filed for record, and which constitute liens upon the premises. 2. On debts secured by mechanics, contractors, subcontractors, artisans, architects, builders, laborers of every class, materialmen's or vendors
Halaman 292 - The declaration of homestead must contain: 1. A statement, showing that the person making it is the head of a family, and, if the claimant is married, the name of the spouse; or when the declaration is made by the wife, showing that her husband has not made such declaration and that she therefore makes the declaration for their joint benefit; 2. A statement that the person making it is residing on the premises, and claims them as a homestead; 3.
Halaman 364 - That the testimony of an accomplice ought to be Viewed with distrust, and the evidence of the oral admissions of a party with caution.
Halaman 147 - The vital principle is, that he who, by his language or conduct, leads another to do what he would not otherwise have done, shall not subject such person to loss or injury by disappointing the expectations upon which he acted.