Combination Land Co. v. Morgan

Citations

• 95 Cal. 548
• 30 P. 1102
• 1892 Cal. LEXIS 864

Syllabus

<p>Order Denying New Trial — Effect of Nunc tro Tunc Amendment — Relation to Date of Order — Appeal. —A nunc pro tunc order of the trial court amending an order denying a new trial after the taking and perfecting of an appeal therefrom, by adding a recital to the effect that the motion for a new trial was based and submitted on a bill of exceptions filed at the date of the hearing of the motion, merely corrects the first order, and takes effect as of the date of the order corrected; and a contention that the last order superseded the first, and is the only order denying a new trial, which should have been appealed from instead of the first order, is untenable. In legal effect there was but one order.</p> <p>New Trial — Bill of Exceptions — Specifications — Insufficiency of Evidence—Decision against Law. — Where the specifications in a bill of exceptions used on a motion for new trial include a double statement that the evidence is insufficient to justify the decision, and that the decision is against law in the particulars specified, the ambiguity is removed where the particulars stated show that the objection is to the insufficiency of the evidence.</p> <p>Vendor’s Lien — Bona Eide Purchaser—Notice before Payment. — In' an action to foreclose a vendor’s lien upon land, a defense of a second vendee, that he was a bona fide purchaser for value without notice, is net made out by proof that he purchased in good faith, without any previous knowledge of the fact that his vendor had not fully paid the original vendor, but it is also necessary for him to show that he had paid for the land before he received notice of the original vendor’s lien.</p> <p>Id. —Notice of Non-payment by Vendor— Effect upon Second Vendee — Deduction from Purchase Price.—Notice to a second vendee of land before his payment for the land, that his vendor had not fully paid the original vendor, is equivalent to a notice before purchase, and he is affected pro tanto as to the amount remaining unpaid b