Sparks v. De La Guerra
This text of 18 Cal. 676 (Sparks v. De La Guerra) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Field, C. J. concurring.
We see nothing in the amended bill to withdraw this case from the principles of our former opinion, reported in 14 Cal. The alleged trust for Joaquin seems to be nothing more than an oral direction to apply the proceeds of certain cattle, if the executors think it best, to his benefit—they having full discretion as to the fact and the time of such application. We do not see how the creditors of Joaquin can enforce this claim, which seems to be a mere matter of conscience, and not of legal obligation.
Judgment affirmed.
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Cite This Page — Counsel Stack
18 Cal. 676, 1861 Cal. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sparks-v-de-la-guerra-cal-1861.