Reports of Cases Determined in the Supreme Court of the State of California Volume 138 (Paperback)

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. 1903 Excerpt: ...end-line of plaintiff's lots. Upon one of plaintiff's lots is a dwelling-house, in which he resides, and on the other is a stable and carriage-house, used by plaintiff. Some eight or nine years prior to September, 1889, (the date of defendant's purchase, ) all these lots were owned by one Cook, who constructed a sewer from the dwelling-house on the westerly lot of the two fronting on Pine Street, and which passed under the stable upon the other Pine-Street lot and continued across the Jones-Street lot (now owned by defendant), and connected with the public sewer on Jones Street, said Pine-Street lots being too low to connect with the sewer on Pine Street. After the construction of the sewer plaintiff became the owner of the lot on which is the dwelling-house and the stable lot, and the Jones-Street lot became the property of one Mrs. Martin, and she contracted to.sell them to one Thomas Magee for the sum of $45,000. To enable him to pay for said property, Magee borrowed from Boyd and Davis $35,000, and gave his promissory note therefor, and entered into a written contract with them by which the conveyance from Mrs. Martin should be made to them as security for said loan, that Magee might sell any or all of said lots, the purchase money to be paid to them and credited upon said note until it should be fully paid, they to convey to the purchasers, and that, in case of foreclosure, Magee was also to pay a reasonable attorney's fee. Magee paid for the property, and the deed therefor was made to Boyd and Davis. Magee, in April, 1888, sold the Pine-Street lot to plaintiff, and joined with Boyd and Davis in the conveyance, and at the same time, in a separate instrument, Magee granted to the plaintiff an easement upon the Jones-Street lot for the perpetual maintenan...