Smith v. George

Citations

• 52 Cal. 341
• 1877 Cal. LEXIS 116

Syllabus

<p>Contract for Conveyance of Land.—If the owner of land contracts to sell the same to another upon the payment of a fixed sum in installments, and the owner dies before the last installment falls due, and the purchaser petitions the Probate Court for an order requiring his executor to make a conveyance of the land, and the Court decrees such com'eyanee on the payment of the last installment and the expenses of procuring the decree and making the deed, the purchaser must pay such expenses before he can claim a deed.</p> <p>Judgment.—One who claims the benefit of a judgment rendered in his favor must comply with its terms.</p> <p>Malicious Pbosecution of Civil Action. — The point mentioned, but not decided, whether an action to recover damages for the malicious prosecution of a civil action, when no arrest of the person of the defendant or seizure of his property has occurred, can be maintained.</p>