Hall

Hall v. Cole

Good Law
1894 Cal. LEXIS 1274·4 Cal. Unrep. 928·38 P. 894
Supreme Court of CaliforniaDecember 31, 1894No. 19,495California1,707 words

Opinion

Lead Opinion

Belcher, J.

The plaintiff brought this action to recover the possession or value of a dwelling-house and barn, *929 alleged to have been wrongfully moved by the defendant Isabell Cole from a lot of land described as “Lot 34 of La Mesa Colony,” in the county of San Diego. The complaint sets up facts showing that the plaintiff purchased and paid for the said lot, and erected the house and bam thereon, and that, without his consent or knowledge, the defendant Isabell Cole moved the same to an adjoining lot owned by defendants, who were husband and wife. The answer denied that the plaintiff was the owner of the said house and barn, or either of them, or entitled to the possession thereof, and alleged that, at all times since the erection of said house and barn, the defendant Isabell Cole had been, and still was, the owner thereof. The answer then proceeded to state, in effect, that the plaintiff purchased the said lot for and on account of the defendant Isabell Cole, for the sum of $900, less $25 allowed him by the owner for making the sale, and that she advanced to him, in part payment therefor, the sum of $550; “that within a few days thereafter the plaintiff stated to the defendants that he…

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