Wunderlin v. Cadogan

California Supreme Court

Wunderlin v. Cadogan

50 Cal. 613

CourtCalifornia Supreme Court

DecidedJuly 1, 1875

DocketNo. 4817

StatusPublished

Cited by8 cases

This text of 50 Cal. 613 (Wunderlin v. Cadogan) 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.

Bluebook

Wunderlin v. Cadogan, 50 Cal. 613 (Cal. 1875).

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Opinion

By the Court :

In concluding that the title of the plaintiff was equitable merely, the court below must have overlooked the fact that Hayes and Caperton had conveyed the premises directly to the plaintiff. At the time that the latter conveyance was made, the legal title was in the grantors; for the instrument previously delivered by them to Clark (which is the pretended deed to Marshall) was void as a conveyance—there being no grantee mentioned therein.

Judgment reversed, and cause remanded for a new trial. Remittitur forthwith.

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By the Court :

In concluding that the title of the plaintiff was equitable merely, the court below must have overlooked the fact that Hayes and Caperton had conveyed the premises directly to the plaintiff. At the time that the latter conveyance was made, the legal title was in the grantors; for the instrument previously delivered by them to Clark (which is the pretended deed to Marshall) was void as a conveyance—there being no grantee mentioned therein.

Judgment reversed, and cause remanded for a new trial. Remittitur forthwith.

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Bluebook (online)

50 Cal. 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wunderlin-v-cadogan-cal-1875.

Opinion

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