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· 7/1/1875

McCreary v. Casey

Citations

  • 50 Cal. 349

Syllabus

<p>Enfoboemekt of Tbüst.—M. and 0. were both residing on an unsurveyed quarter section of public land, and agreed that it should be purchased from the State in the name of 0., and that each should furnish one-half the money to make the purchase, and pay one-half the expense, and own one-half the land, and that when the purchase was made from the State, C. should convey one-half to M. 0. afterwards pre-empted the land, and received a patent for it from the United States: Held, that before M. could have G. declared his trustee, and compel him to convey to him one-half the land, he must show that the land could have been purchased from the State by one of them; that is, that the State had held the title, and would have sold and conveyed it.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[n]o case has been cited and none has been found where one party denied the existence of an actual contract of marriage and the jury finding in favor of such party has been set aside, no matter how compelling the evidence to the contrary might be”

Source: CourtListener parenthetical corpus (CC0).

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