Talbert v. Hopper

Citations

• 42 Cal. 397

Syllabus

<p>Judicial IToticb or Terms or District Courts.—The Supreme Court will take judicial notice of the regular terms of the District Courts as fixed by statute, and also of the fact that they are authorized by statute (Stats. 1863-4, p. 118). to adjourn any general term in one county within their districts to a day certain within the time prescribed for the commencement of the next term in the same county, provided such special term shall not interfere with any general term in such district.</p> <p>Adjourned Term oe District Court.—Where the general February Term of the Sixth District Court for Sacramento County must have commenced on February first and concluded prior to March fifteenth; and the general March Term of the same Court for Tolo County must have commenced on March fifteenth and concluded prior to April fifth; held, that under and by compliance with the Act of 1864, providing for adjourned terms' (Stats. 1863-4, p. 118), such Court could hold a legal session in Sacramento County after March fifteenth, and up to April fifth.</p> <p>Presumption in Favor oe Legality oe 'Sessions oe District Court.— Where it appeared from a record on appeal from a District Court for a certain county that the trial took place on a day subsequent to the regular general term in such county; held, that as by compliance with the statute of 1864, relative to adjourned terms (Stats. 1863-4, p. 118), such Court could be legally held at such time, it would be presumed, in the absence of any showing to the contrary, that it was legally held.</p> <p>Vesting oe Title under Deed upon Condition Precedent.—The instrument executed by John A. Sutter, Jr., to Brannan, Bruce, Graham, and Wetzlar, on June 20th, 1860, in reference to Sacramento and other property, was a deed upon condition precedent; and upon the performance of that condition, which was the payment of the purchase money, the title to the lands described vested in grantees.</p> <p>Ejectment Founded upon Title.—Where a plaintiff reli