Burris
Burris v. Landers
Opinion
Lead Opinion
Henshaw, J.
The appeal is from the judgment, taken within sixty days after its rendition. The- evidence is brought up for review by a bill of exceptions. The action was brought by plaintiff against Amy Landers as administratrix, and William J. Landers as administrator, of the estate of Michael Landers, deceased. The complaint charged that Michael Landers was, upon the sixteenth day of April, 1883, the owner of a certain piece of land, a lot with twenty-five feet frontage by ninety-feet in depth, situated upon Shotwell street, in the city and county of San Francisco, upon which had been erected a dwelling-house. It then averred “ that in consideration of long-continued, faithful services of plaintiff to said Michael Landers, on said sixteenth day of April,-1883, and in his lifetime, the said Michael Landers made *313 a parol gift iu relation and in respect to said lot of land and the improvements thereon, whereby the said Landers promised and agreed to and with this plaintiff that if he, this plaintiff, would go into the possession and occupancy of said land and premises, hereinafter described, that he, the said Landers, would at any time thereafter, upon demand, when so requested, make a good…