Branson v. Caruthers

Citations

• 49 Cal. 374

Syllabus

<p>When Judgment Recetes Sebvice op Pbocess.—If the statute provides, that a recital in a judgment enforcing a lien for a tax which states, that all owners and claimants of the property have been duly summoned and have made default, shall be proof of the matters thus recited, the j udgment containing such recital cannot be attacked in a collateral action, for want of service of process.</p> <p>Dektveby op a Deed.—The production, on a trial, by the attorneys of the plaintiff, of a deed to him, is sufficient evidence of its delivery to and acceptance by him, to justify its reception in evidence, without any further proof of delivery or acceptance.</p> <p>- Deed as Evidence.—In an action by the wife to quiet-title to land alleged to be her separate property, if her husband is a party plaintiff, and she produces on the trial, a deed of gift of the property made by him to her, a prior deed of bargain and sale to her from a third person, may be received in evidence to complete the chain of title.</p> <p>Ekbob in Excluding Testimony.—An error of the Court in excluding the evidence of a witness does not injure a party, if the witness is after-wards permitted to testify fully as to the matter excluded.</p> <p>Testimony in Action to have a Tbust Deceased.—In an action to have a party declared a trustee, and to compel him, as such, to convey land alleged to have been acquired by him from a third party as trustee of the party complaining, testimony on behalf of the latter party, as to whether he knew that the other was about to make the purchase, is irrelevant.</p> <p>Conflict in Evidence—New Trial.—Where three witnesses who testify to a matter are contradicted by only one, and he is a party to the record, and, on another point, his testimony conflicts with his sworn answer, it is not a case of substantial conflict in the evidence, and a finding of the Court in favor of the party to the record will be set aside.</p> <p>Attorney in a Case who Becomes a Witness.—There is no rule