McGregor v. Donelly

Citations

• 67 Cal. 149
• 7 P. 422
• 1885 Cal. LEXIS 583

Syllabus

<p>Swamp Lands—Aobeement to Pdbohasb fob Benefit of Axotbeb—Cektifioate of Pubchase.—An agreement to acquire swamp and overflowed lands from the State, for the use and benefit of a person other than the applicant, is void under the Act of April 27,1863. The parties to such an agreement are in pari delicto, and after the certificate of purchase has come into the possession of the party for whose benefit the application to purchase was made, the applicant cannot maintain an action to compel its specific delivery to him.</p> <p>Estate of Decedent—Action by Pebsonab Repbesentative—Defendant may Testify. — In an action by the personal representative of a deceased person to enforce a demand due the estate of the decedent, the defendant is a competent witness as to transactions between himself and the decedent.</p>