Manly v. Howlett

Citations

• 55 Cal. 94

Syllabus

<p>IGTndings.—Where the findings are contradictory upon a material point, the judgment cannot he sustained. So held, where both the complaint and answer alleged possession in the defendant, and the Court found that all the allegations of the latter were true, and all the allegations of the former were untrue.</p> <p>Gift—Part Performance—Specific Performance—Pleading—Ejectment— Equitable Defense.—A parole gift of land, followed hy possession and improvement of the land hy the donee, is so far executed as to entitle the donee to a specific performance; hut held, in an action of ejectment, hy the grantee of the donor, that the defense must he specially pleaded.</p> <p>Statute of Limitations—Patent—Legal Title—State Lands.—In a suit for the recovery of land, after the issuance of the patent, the Statute of Limitations cannot he held to have commenced running prior to the date of the patent.</p>