Red Jacket Tribe No. 28 v. Gibson

Citations

• 70 Cal. 128
• 12 P. 127
• 1886 Cal. LEXIS 741

Syllabus

<p>Equity—Action to Annul Conveyance—Fraud — Evidence.—In an action by the purchaser to set aside a conveyance on the ground of fraud, a witness for the plaintiff was asked on cross-examination whether he knew of any unfair act done by the defendant to induce the sale. Held', that the question was improper.</p> <p>Id.—Return of Purchase-money—Satisfaction of Mortgage — Revival of Lien. —In such an action, the plaintiff is entitled to a return of the purchase-money on obtaining a decree annulling the conveyance; and it appearing that a portion of the purchase-money had been used by one of the defendants to satisfy a mortgage held by a third person on certain other land belonging to him, held, that the plaintiff was entitled to have the lien of the mortgage revived in its favor.</p> <p>Benevolent Association — By-laws — Power of Trustees to Invest Money. —■ A member of a benevolent association, who is acquainted with its by-laws, is chargeable with notice of the restrictions thereby imposed upon the power of the trustees to invest the funds of the association.</p> <p>Practice — Evidence. — On the trial, certain evidence stated in the opinion was admitted against the objection of the defendants, and certain objections to questions asked by him on cross-examination were sustained. Held, that the rulings of the court were proper.</p>