Los Angeles herald., 1892-03-31
SUPREME COURT.
A NUMBER OF OPINIONS RECEIVED
YESTERDAY.
Question of Boundary Lines Settled-A
Railroad Suit to Be Retried-A Case
Involving Church Property.

Clerk Ashmore of the supreme court
yesterday recorded the following opin-
ions in local cases considered by that
court:
w. W. Whitney, appellant. VS.. Robert
Kelly ct al, respondent--This was an
appeal from judgment dismissing an
action, demurrer to the complaint
having been sustained, and the plaintiff
declining to amend. In September,
1886, some OF the defendants and the
grantors of others claiming title to the
land involved in this suit, brought an
action against the grantors of plaintiff
to establish by judicial decree the
true boundary line between the lands
of the respective parties to that suit.
The Judgment therein rendered deter
mined tue boundary line and adjudged
the plaintiffs to be the owners of the
tract of land involved in the present ac-
ton. Plaintiff as grantee of the defend
ants in that action now fled his COM
plant to set aside that judgment upon
the ground that it was procured through
certain frauds practiced upon the de-
PENDANTS therein, the plaintiffs grantois.
The judgment of the lower court was
affirmed.
NJ. Wilson, appellant, vs.. California
Central Railroad company, respondent
Action to recover from defendant the
value of certain household furniture
which, it was alleged, the defendant as
common carrier by railroad, in con-
sideration of certain sum paid it by
plaintiff. as freightage pro rata itincais,
agreed safely to carry from lndianapo
lis, Ind, to Los Angeles, Cal, and to
deliver to the plaintiff, or order, at the
latter place, but failed and refused to do
30, according to said agreement, where
by said furniture was wholly lost to said
plaintiff, to her damage in the sum of
$4,000. A verdict and judgment fixing
the damages at $4,000 was rendered in
the lower court The railroad company
asked for new trial, and the supreme
court in lengthy opinion granted it.
S. G. Martin ct al, respondents, VS..
Lewis M. Lloyd ct al, appellants-This
was an action to quiet title. Judgment
pealed from the judgment and from an
order denying new trial. Judgment
and order denying new trial affirmed.
First National bank of San Diego, re.
pondent, vs. Joseph Falkenhan and
This was an appeal by the defendant
corporation from that part of the judg-
ment which authorizes judgment against
that defendant. The action was brought
upon promissory note executed by the
other defendant to the appellant, and is
not negotiable because it contains stip-
ulation for an attorneys fees. The
court found in regard to the assignment
of the note and waiver of protest as
charged in the complaint, and that no
part of the principal or interest had
been paid to plaintiff; and also that the
other defendant had paid the appellant
the amount due on the note prior to its
maturity or assignment. Judgment of
the lower court affirmed.
Mosgrove, appellant, vs. Harris, re-
spondent-Action to recover the posses
sion of certain personal property. The
lower court held that defendant was en-
titled to $620.50 from the plaintiff, who
appealed. Judgment and order al
firmed.
Willamette company, respondent, vs..
Union company, appellant-The COM
plant contains two counts-one for the
value of certain posts and lumber al
legged to have been sold by plaintiff to
defendant and delivered at Burwell, in
Los Angeles county, and the other for
certain other lumber sold and delivered
by plaintiff to defendant to be used in
the Normal school building. The court
found defendant was indebted to plain
tiff $1437 .S2, and rendered judgment &C.
cordingly. Defendant appealed. Judg
ment and order of the lower court
affirmed.
George A. Blakeslee, bishop OF the
Re-organized Church of Jesus Christ of
Latter-Day Saints, appellant, vs. H. G.
Hall and Whitworth ct al, intervenors,
respondents- was an action of
ejectment against defendant Hall to re-
cover certain land in the city of Los An
geles. Whitworth and others inter-
yened. Judgment was rendered against
plaintiff and he appealed from the judg
ment and order denying new trial.
The court below found that a deed of
conveyance had been procured from
Lydia Rebbeck, who was sick at the
time with an incurable disease from
which she afterward died, by the undue
influence of one Mills, who was her
pastor and spiritual adviser, both being
members OF said recognized church,
and also found that there was no corpo-
ration sole or otherwise to which the
deed was made. After giving full re-
view of the points involved in the case,
the supreme court dlsmisses the appeal
with a stay OF remittitur for thirty days.
SANTA BARBARA,