Hihn v. Courtis

Citations

• 31 Cal. 398

Syllabus

<p>Inuoldsby v. Juan.—In Ingoldsby v. Juan, 12 Cal. 562, the point really decided was as to the validity of a deed made by Donna Maria Castro, wife of Louis Depeaux, to her eight children, dated August 29th, 1850, conveying to said children eight ninths of two large tracts of land, the separate property of said Donna Maria.</p> <p>Stare Decisis.—Where a decision of this Court was made several years ago, affirming the validity of a deed conveying a large amount of real estate, under which decision important rights may have been acquired, the Court will not re-examine the grounds of the decision, but on the principle of stare decisis will allow it to stand. ,</p> <p>Appellant's Points.—Points upon which the- appellant relies to reverse the judgment should be made in his opening brief.</p> <p>Stipulation as to Errors in Record.—Where the record contains a stipulation that there is no error therein to the prejudice of the appellants, provided the title to the whole of a tract of land did not pass by a certain deed in controversy, and the case is argued by appellants' counsel on that theory in his opening brief, and the Court holds that the title to the whole tract did not pass, it will not notice other alleged errors on petition for rehearing.</p> <p>Case Affirmed.—Ingoldsby v. Juan, 12 Cal. 564, affirmed.</p>