Reports of Cases Determined in the Supreme Court of the State of California, Svazek 43Bancroft-Whitney, 1886 |
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action adverse possession affirmed agreement alleged amendments amount appeal application Argument for Appellant Argument for Respondent Attorney authority averment Board of Supervisors Central Pacific Railroad choses in action City and County claim commenced complaint Constitution contract conveyance conveyed counsel County Court County of San Court of equity Court Wallace Crockett damages debt deceased decree defendant denied District Court entitled error estoppel evidence execution filed franchise fraud grant ground held hundred dollars indictment interest judgment Judicial District jurisdiction jury Justice land Legislature lien McKenzie & Co ment mortgage mortgagor motion notice objection Opinion owner parties payment person Placer County plaintiff pleaded Points decided possession premises prisoner proceedings purchase purpose question quitclaim deed railroad recover remittitur rendered Rhodes rule San Francisco Sheriff Sheriff's deed statute Statute of Frauds Statute of Limitations taxation tenant thereof thousand dollars tion trial void
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Strana 464 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Strana 408 - An Act to Aid in the Construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to Secure to the Government the Use of the Same for Postal, Military, and Other Purposes, Approved July First, Eighteen Hundred and Sixty-two,' approved July second, eighteen hundred and sixty-four.
Strana 525 - ... a claim containing a statement of his demand, after deducting all just credits and offsets, with the name of the owner or reputed owner, if known, and also the name of the person by whom he was employed, or to whom he furnished the materials...
Strana 317 - ... the person making such entry, or, if he be dead, his widow, or, in case of her death, his heirs or devisee, or, in case of a widow making such entry, her heirs or devisee, in case of her death, shall prove by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit...
Strana 607 - ... together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances.
Strana 428 - This opinion does not deprive the States of any resources which they originally possessed. It does not extend to a tax paid by the real property of the bank, in common with the other real property within the State, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the State.
Strana 425 - But an indefinite power of taxation in the latter might, and probably would in time, deprive the former of the means of providing for their own necessities; and would subject them entirely to the mercy of the national legislature. As the laws of the Union...
Strana 351 - There need be no appreciable space of time between the intention to kill and the act of killing; they may be as instantaneous as successive thoughts of the mind. It is only necessary that the act of killing be preceded by a concurrence of will, deliberation, and premeditation on the part of the slayer, and if such is the case, the killing is murder in the first degree, no matter how rapidly these acts of the mind may succeed each other, or how quickly they 'may be followed by the act of killing.
Strana 459 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreement, if made by an agent of the party sought to be charged...
Strana 350 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of wilful, deliberate and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, mayhem, or any act punishable under Section 288, is murder of the first degree; and all other kinds of murders are of the second degree.