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Reports of Cases Determined in the Supreme Court of the State of California (Volume 187) (Paperback)
Loot Price: R747
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Reports of Cases Determined in the Supreme Court of the State of California (Volume 187) (Paperback)
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This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not
illustrated.1922 Excerpt: ... SLOANE, J.--The plaintiff in this
action brought suit to recover the sum of $20,797.17, paid to
defendant as part of the purchase price of real estate under a
contract which was rescinded by plaintiff, the purchaser, because
of failure of title in the defendant, the vendor. Judgment was for
plaintiff and defendant appeals. The finding of the trial court
that the defendant had no title to the land at any time and failed
to convey title upon demand and tender of full performance of the
contract by plaintiff is amply supported by the evidence. The
original contract of purchase and sale called for a conveyance of
all of the defendant's "holdings on the shore of Clear Lake in Lake
County, Calif., being about 350 acres and embracing about 13 miles
of lake shore land." 1 The evidence disclosed that the lands
referred to consisted of a strip of waterfront along the borders of
the lake lying between the meander line as established by the
United States survey and the actual water line of the lake.
According to the calls of the United States field-notes, it is
shown that this meander line does not cor form to the actual
waterline of the lake, but that the meander line is a sufficient
distance from the actual border of the lake to inclose between such
line and the water line of the lake the quantity of land called for
by the contract between plaintiff and defendant. Defendant's claim
of title was evidenced by patents from the state of California
purporting to convey by courses and distances the land between the
meander line and the lake "under an act of the legislature of the
state of California entitled an act regulating the sale of the
lands uncovered by the recession or drainage of the waters of
inland lakes and unsegregated swamp and overflow lands, and
validating ...
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