Schroeder v. Wittram

Citations

• 66 Cal. 636
• 6 P. 737
• 1885 Cal. LEXIS 514

Syllabus

<p>Justice's Court—Contracts for Sale of Land—Action to Recover Deposit-Jurisdiction.—A justice’s court has jurisdiction of an action to recover a deposit made by a vendor under an executory contract for the sale of land, by which he agreed to purchase the land if the title was good, and in which it was stipulated that if the title should not be good, the deposit was to be returned.</p> <p>Id,—Evidence of Title—Trial.—On the trial of the action, the plaintiff gave evidence that the abstract of title with which he was furnished disclosed that two unpaid mortgages incumbered the land, and that upon ascertaining the fact, he declined to complete the purchase, and demanded a return of his deposit. Held, that such evidence established a prima faeie case in favor of the plaintiff, and that the title to the land was not directly drawn in question thereby.</p> <p>Id.—Jurisdiction, how Lost.—The jurisdiction of the justice’s court over such an action is not ousted by the fact that the title to the land is incidentally called in question on the trial. To occasion a loss of jurisdiction, the title or right of possession must be directly involved.</p> <p>Id.—Opinion as to Title.—The opinion of a witness as to the title to real property is not evidence of title.</p>