People v. Garnett

Citations

• 35 Cal. 470
• 1868 Cal. LEXIS 115

Syllabus

<p>What Constitutes the Offense of Selling Land Twice, as Defined in the One Hundred and Thirty-second Section of the Act Concerning Crimes and Punishments.—To justify a conviction of the offense defined in the one hundred and thirty-second section of the Act concerning crimes and punishments, it is necessary to charge in the indictment and prove at the trial: first—the first and second sales, barter, or disposal of the land, as therein specified; and second—that said second sale, barter or disposal of the land was for a valuable consideration, and was made fraudulently—that is, with intent to defraud either the first or second purchaser.</p> <p>Idem.—In such case, where the second sale was made to parties at their request, and after being fully informed by the grantor of the fact and the tenor of the first sale: Held, that the second sale was not fraudulent within the meaning of the statute.</p>