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84 Cal. 100

McGee v. Sweeney

California Supreme Court

Decided May 8, 1890

California Supreme Court · decided 1890-05-08

<p>Appeal from a judgment of the Superior Court of the city and county of San Francisco.</p> <p>The facts are stated in the opinion.</p>

Key passage — most relied on by later courts

““It is well settled, however, that a court of equity has power to compel a reconveyance of property outside of its jurisdiction, by reason of its control over the parties before it.””

quoted by 1 later decision, including Rosenbaum v. Evans

Good law ✅— No negative treatment on recordhow we know

Decided 1890-05-08

How this case has been cited

Cited by 8 later decisions — most recently July 1941

7 state decisions

30189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Hayne, C.

¶1This was an action to have a deed to certain property in Pennsylvania “ declared void,” and for a reconveyance. The trial court gave judgment for the plaintiff, and decreed that the defendant, Rosanna McGee, in whom the title stood, should reconvey the property to the plaintiff, and that in default of such leconveyance a commissioner appointed by the court should execute the conveyance. The defendant,Rosanna McGee, appeals upon the pleadings, findings, and judgment; and the principal point made on her behalf is that the court had no power to make such a decree in reference to property outside of the state.

¶2It is well settled, however, that a court of equity has power to compel a reconveyance of property outside of its jurisdiction, by reason of its control over the parties before it.

¶3The only question that can he raised is, whether the court had power to cause the title to property in Pennsylvania to be conveyed by one of its officers. But if the court had no such power the conveyance of such am officer would be void on its face. Th© title would remain *101in the appellant, and the deed (being void upon its face) would not constitute a cloud. The appellant would not be injured, and cannot complain. If, therefore, the decree be improper in this regard, the error is immaterial.

¶4The point as to the inconsistency of the findings is without merit.

¶5We therefore advise that the judgment be affirmed.

¶6Belches, C. C,, and Gibson, C., concurred.

¶7The Court. — For the reasons given in the foregoing opinion, the judgment is affirmed.

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