Bank of Healdsburg v. Hitchcock

Citations

• 76 Cal. 489
• 18 P. 648
• 1888 Cal. LEXIS 916

Syllabus

<p>Order Refusing New Triad—Notice of Motion. — When there is nothing in the record to show that the notice of motion for new trial was not properly given, and the order denying the motion assigns another ground for refusing the new trial, it will not he presumed that the notice was not given, or not given in due time, and that the court denied the motion on one or the other of such grounds.</p> <p>Partition — Stipulation — Entire Contract. — When a stipulation or contract is made between the parties pending a suit for partition, which provides for the partition of the lands involved in the case, and also for the partition and conveyance of other lands not so involved, and which is an entire contract, its terms being dependent, it is error for the court to select and rule upon a portion of the contract and disregard other portions of it.</p> <p>Id. — Specific Performance. — If the defendant ro.uses to carry out his contract for the partition of detached tracts of land, and for an exchange and conveyance of certain portions of land, the plaintiff has his remedy by an action for specific performance of the whole contract, and not by partition of part only of the lands.</p>