Coyle

Coyle v. Lamb

Good Law
123 Cal. 264·1899 Cal. LEXIS 1055·55 P. 901
Supreme Court of CaliforniaJanuary 12, 1899S. F. No. 1042California801 words

Opinion

Lead Opinion

McFarland, J.

This action is brought by the plaintiff, Mary Coyle, as administratrix of the estate of her deceased husband, John Coyle, against the defendants as executors of the *265 last will of J. C. Wilmerding, deceased. Judgment was for the •defendants, and plaintiff appeals from an order denying her motion for a new trial.

The substantial averments of the complaint are that said Wilmerding and one Fargo, on April 15, 1876, leased to the deceased, John Coyle, for a term of ten years then next ensuing, a certain lot of land at Boardman Place; that Coyle was to have the right to build a house upon the lot and to remove it at the expiration of the term of the lease; that Coyle did build thereon a house; that in ¡November, 1876, the appellant herein, Mary Coyle, acquired from her husband, through mesne conveyances an undivided half of his interest in the lease and house; that in ¡November, 1881, the said John Coyle, deceased, became indebted to Wilmerding in the sum of two hundred dollars, and that to secure the payment of the same the Coyles “turned over” all their right to the land and improvements to Wilmerding, with authority to collect the rents, deduct from the same the said two hundred…

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