Los Angeles herald., 1892-03-27
Eleven Opinions From 1t Re-
ceived Yesterday.
A Dying Mans Letter Is Not
q Will.
The Question Settled About the City
Library Trustees.
A Number of Cases Bearing on the
Transfer Of Real Estate-A Num-
ber of Minor Decis-
ions.

Colonel Ashmere, clerk of the supreme
court, yesterday received the following
opinions. eleven in number, from that
court in local cases.
Estate of G. B. Richardson, deceased
Appeal from denial Of petition for pro-
bate OF will and refusing letters. That
which is propounded as a will is letter
written and sent in due course of mail by
deceased during lifetime to his sister,
Mrs. Hardee, at Savannah, Ca, as fol-
lows:
"Los ANGELES, October l, 1890.
NINA: l wrote you yesterday hast
lily. Answer my letter at once; l want
to know everything about mother and
all about you-your children. l have
reached the point of perfect independ-
ence pecuniarily. My health is proba-
bly, ruined, and l want to anticipate
possibilities. You and your children
get everything. Your boy want given
the best of educations. would like him
to 60 to Harvard. would like to have
him lawyer. Don't bring him up a
prejudiced southerner; but teach him
honor, make it dearer than life, and he
must with the blood in his veins be a
man. Write me. AS soon as possibly
can will be in Savannah.
BROTHER
The court holds that the above letter
is not testamentary in character; that
the writer was not in eXtremis, and that
it was not for the courts to declare it to
be testamentary. Judgment of the
lower court is affirmed.
+. r. Willis ct al, appellants, vs. L.
H. Howard, ct al, respondents-Th
relators were elected trustees of the Los
Angeles public library December /, 1890.
The defendants were appointed by the
city council as provided by the city
charter, adopted and approved in 1889.
Whether the city charter or the act of
1880 controls is the only question in
volved.
"We find in respondents brief what
purports to be the opinion of the learned
Judge of the trial court, which we ap-
prove and recommend for adoption as
the opinion OF this court, in accordance
with which we think the Judgment
should be affirmed"
Goodrich, appellant, vs. Lathrop, re-
spondent-This is an action by vendee
to rescind a contract of sale of realty
and to recover money hereunder, upon
the ground that the contract was eX-
executed through a mistake OF fact.
Judgment went for defendant in the
lower court, and this is an appeal from
the judgment and order denying a new
trial. Judgment of the lower court re-
versed, and the case remanded for new
trial.
Eva r. Thompson, appellant, vs..
Phillip A. Betters sr. and E. s. Babcock, !,
respondents-The plaintiff under the
name of Eva r. Casady, before she be.
came by marriage Mrs. Thompson, sold
a piece of land to Phillip A. Betters sr.,
and took his promissory note for $4,000,
payable at future date with interest
and secured to be paid by mortgage
upon the land transferred by deed to
Betters. Betters transferred it by deed
to f. S. Babcock. The note remaining
unpaid when due, Mrs. Thompson en-
deavored to foreclose her mortgage and
to obtain deficiency judgment for any
balance that the property might not
bring at sheriff's sale against Betters
and Babcock. The court below refused
to render any deficiency Judgment
against Babcock, but ordered mortgage
foreclosed and deficiency judgment
against Betters. Judgment and order
refusing a new trial affirmed.
San Luis Obispo First National bank.
appellant, vs. A. L. and l. A. Bruce,
Observation-Disclosures under homestead
claim judgment was given against A. l..
Bruce for $500, being a note given by
him. Judgment affirmed.
Merrill, appellant va. First National
bank of San Diego ct al.-Respondent
plaintiff seeks to have declared satis-
fed as far as he was concerned Ger.
tain judgment obtained by defendant,
National bank, against plaintiff and one
o. S. Hubbell upon a non-negotiable
note. The lower court gave judgment
for plaintiffs and the plaintiff appeals.
Judgment of the court below reversed
and cause remanded for new trial.
Estate of Thomas B. Groane, de.
ceased-This was an action under the
homestead law in San Luis Obispo
county. The lower court found against
the estate, holding that Groane was moi
vested with the land in question at time
of demise. Orders appealed from are
reversed and the cause remanded fol
further proceedings.
Green ct al. plaintiffs vs.. Mrs. R. N.
Clifford, defendant and appellant-This
is a consolidation of several actions
brought to enforce liens of various me-
chanics and material men against prem.
ises owned by defendant, Clifford. Judg
ment was rendered in the lower court
in favor OF the plaintiffs, and defendant
Clifford appealed from the judgment
There was no motion for new trial
Judgment of the lower court affirmed
W.. J. Oaks, appellant, vs.. Carrie
Oaks, respondent : Action to quie
plaintiffs title to lot 4. block 1O5, in ths
city of San Luis Obispo. Judgment o
tho lowar cOurt affirmed
Young, respondent. va. Donegan, ap
pellant-Action to recover $1769, as th'
value of labor done and materials fur
nished by plaintiff in building a hous'
for defendant. Judgment was given fo
the plaintiff in the sum of $1122.15. Th'
Judgment OF the lower court affirmed.
Western Lumber company, respond
ent, vs. Emma A. Phillips ct al, appel
lant-An action to enforce lien for ma
terials furnished for, and used in, con
structing building on defendants land
Lower court gave Judgment for plaintil
in $759.37. Judgment affirmed.