Truebody v. Jacobson

Decided January 15, 1852

California Supreme Court · decided 1852-01-15

On the 18th of September, 1849, Dunbar executed a bond to Gulzman, reciting that he had sold to Gulzman a lot on Washington street, twenty-three feet by forty feet, for $10,500, whereof $3,500 were paid at the time, and $3,500 to be paid January 1st, 1850, and $3,500 March 1st, 1850; and conditioned to convey the premises with warranty, on full payment of the- purchase money.

Cited by 2 later decisions — most recently November 1941

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-01-15

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Justice Heydenfeldt

¶1delivered the opinion of the Court. The purchase of the property mentioned in the bill, by the plaintiff from Dunbar, gave him the legal title. His purchase at the sale, made under the decree rendered in the action which is referred to in the bill, invested him with the equity. So that, as appears from his own averments, he has a complete investiture of the legal and equitable title, as fully as it could be derived from Dunbar, the first owner.

¶2This bill is filed to set aside his own decree, the sale made under it, at which he was the purchaser, and to obtain another and fresh sale. For what good reason all this is desired, is beyond an ordinary comprehension.

¶3Judgment below affirmed.

¶4February 19. Re-hearing granted.