Sanders v. Whitesides

Citations

• 10 Cal. 88
• 1858 Cal. LEXIS 193

Syllabus

<p>Where A gave his promissory note to B, in part payment for a certain tract of land, payable to B thirty days after the confirmation of the Sutter land-title, provided the land for which the note was given should be included in the limits of the grant. Held, that the confirmation of Sutter’s title was a condition precedent to the payment of the note 3 and to entitle A to a judgment on such note, he must prove such confirmation.</p> <p>The judgment of the Board of Land Commissioners, the tribunal of original jurisdiction, is sufficient evidence of such confirmation, unless the judgment be reversed, or its operation suspended by an appeal, which is still pending.</p>