Tomlin

Tomlin v. Neale

Good Law
1926 Cal. App. LEXIS 477·76 Cal. App. 726·245 P. 800
Court of Appeal of CaliforniaMarch 3, 1926Docket No. 5323.California1,865 words

Opinion

lead Opinion

Cashin, J.

An action upon an order for the payment of money which was accepted by respondents.

Judgment was entered for plaintiffs, who appeal therefrom upon the judgment-roll with a bill of exceptions to the conclusions of law and judgment as not being supported by the findings of fact.

The facts found were as follows: On December 20, 1918, appellants leased lands owned by them in Lower California to certain Chinese for the term commencing on that day and ending on December 31, 1922, the rent reserved being payable in installments.

The lease, which was written in the Spanish language, was executed and recorded according to the formalities and requirements of the laws of Mexico, and contained the provision that the lessee should not have power to alienate or encumber in any manner the crops which might be produced upon the premises described while any of-the rent should remain unpaid, the crops being considered as security therefor.'

On November 24, 1920, there was due and unpaid installments of rent aggregating the sum of $12,000. During the year 1920 and previous to the date last mentioned the lessees had picked and removed from the land and delivered to re-' spondents, to be sold for…

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