Reports of Cases Determined in the Supreme Court of the State of California, Band 7Bancroft-Whitney, 1875 |
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action administrator agent alleged allowed amount answer appeal apply appointed assignment attachment authority bill bond cause charge cited claim common complaint Constitution contract conveyance counsel County Court creditors debt decided decision deed defendant delivered District Court dollars duty effect entered entitled equity error evidence execution exist fact filed fraud give given grant ground held hundred injunction intention interest issue Judge judgment Judicial jurisdiction jury justice land Legislature lien limited ment mortgage nature necessary notice objection opinion owner paid party passed payment person plaintiff possession Practice present principle proceedings proper proved purchaser question reason receiver record recover reference refused remedy Respondent rule San Francisco statute sufficient suit sustained taken thousand tion trial true void whole witness
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Seite 467 - ... every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Seite 478 - Every conveyance of real estate within this state, hereafter made, which shall not be recorded as provided in this chapter, shall be void as against any subsequent purchaser in good faith, and for a valuable consideration, of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded.
Seite 21 - But however just this conclusion may be in theory, we cannot {[162] practically adopt it, nor take any legal steps for carrying it into execution, under any dispensation of government at present actually existing. For this devolution of power, to the people at large, includes in it a dissolution of the whole form of government established by that people ; reduces all the members to their original state of equality ; and, by annihilating the sovereign power, repeals all positive laws whatsoever before...
Seite 51 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
Seite 13 - For nobody can transfer to another more power than he has in himself; and nobody has an absolute arbitrary power over himself, or over any other to destroy his own life, or take away the life or property of another.
Seite 101 - When the duration of any office, is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held, during the pleasure of the authority making the appointment.
Seite 15 - The security of life, liberty, and property lies at the foundation of the social compact ; and to say that this grant of " legislative power " includes the right to attack private property, is equivalent to saying that the people have delegated to their servants the power of defeating one of the great ends for which the government was established.
Seite 312 - An action may be brought by any person in possession, by himself or his tenant of real property, against any person who claims an estate or interest therein adverse to him. for the purpose of determining such adverse claim, estate or interest.
Seite 317 - Courts are bound to take notice of the political and social condition of the country which they judicially rule. In this State the larger part of the territory consists of mineral lands, nearly the whole of which are the property of the public. No right or intent of disposition of these lands has been shown either by the United States or the State governments, and with the exception of certain State regulations, very limited in their character, a system has been permitted to grow up by the voluntary...
Seite 243 - The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice or presiding magistrate, that the said attestation is in due form.