Reports of Cases Determined in the District Courts of Appeal of ..., volume 23
Reports of Cases Determined in the District Courts of Appeal of ..., volume 23
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1908, as stated in the complaint^ and alleged that at the time of entering into the agreement defendant was in possession of the lands, which were a part of the public domain, xmder a mineral entry as oil lands, which fact was known to plaintiff; that a judgment had been entered in defendant's fayor by the superior court of Eem County in an action brought by one Clark against defendant to deter- mine conflicting rights to such lands^ from which judgment Clark had appealed to the supreme court; ...that prior to No- vember 5, 1901, defendant procured a dismissal of the judg- ment so entered in defendant's favor and from which Clark had appealed ; that on November 5, 1904, defendant caused to be served upon plaintiff a copy of the rermttiiur issued out of the supreme court showing the dismissal of said appeal, whereby plaintiff was notified of the final determination of said action in favor of defendant, a copy of which remittit'urf together with an affidavit showing service thereof upon plain- tiff on November 5, 1904, was, on the eighth day of Decem- ber, 1904, served upon said bank as escrow-holder; that plain- tiff did not within thirty days after the service of such notice, or at any other time, pay to said bank the sum of ten thou- sand dollars provided to be paid under the terms of said agreement; that at the time of depositing the deeds and agreement in escrow with the bank there was indorsed upon the envelope wherein the same were inclosed, and signed by both plaintiff and defendant, a memorandum as follows: *' Notice of decision of supreme court acknowledged by Doran, Brouse & Price, to be filed with the bank to determine the maturity of this escrow." All of these allegations were con- clusively proved and in substance found by the court to be true.
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To quickly assess the difficulty of the text, read a short excerpt:
1908, as stated in the complaint^ and alleged that at the time of entering into the agreement defendant was in possession of the lands, which were a part of the public domain, xmder a mineral entry as oil lands, which fact was known to plaintiff; that a judgment had been entered in defendant's fayor by the superior court of Eem County in an action brought by one Clark against defendant to deter- mine conflicting rights to such lands^ from which judgment Clark had appealed to the supreme court; ...that prior to No- vember 5, 1901, defendant procured a dismissal of the judg- ment so entered in defendant's favor and from which Clark had appealed ; that on November 5, 1904, defendant caused to be served upon plaintiff a copy of the rermttiiur issued out of the supreme court showing the dismissal of said appeal, whereby plaintiff was notified of the final determination of said action in favor of defendant, a copy of which remittit'urf together with an affidavit showing service thereof upon plain- tiff on November 5, 1904, was, on the eighth day of Decem- ber, 1904, served upon said bank as escrow-holder; that plain- tiff did not within thirty days after the service of such notice, or at any other time, pay to said bank the sum of ten thou- sand dollars provided to be paid under the terms of said agreement; that at the time of depositing the deeds and agreement in escrow with the bank there was indorsed upon the envelope wherein the same were inclosed, and signed by both plaintiff and defendant, a memorandum as follows: *' Notice of decision of supreme court acknowledged by Doran, Brouse & Price, to be filed with the bank to determine the maturity of this escrow." All of these allegations were con- clusively proved and in substance found by the court to be true.
What to read after Reports of Cases Determined in the District Courts of Appeal of ..., volume 23?
You can find similar books in the "Read Also" column, or choose other free books by Bancroft-Whitney Company to read onlineMoreLess
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