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Swartzbaugh v. Sampson

Court of Appeal of California, Fourth District
54 P.2d 73 (1936)

Facts

Mr. and Mrs. Swartzbaugh owned property as joint tenants with right of survivorship. Over the objection of Mrs. Swartzbaugh (plaintiff), Mr. Swartzbaugh (co-defendant) leased a portion of their property to Sampson (co-defendant), upon which Sampson constructed a boxing pavilion. Mrs. Swartzbaugh sued her husband and Sampson to cancel the leases governing the land where the boxing pavilion was built. The trial court granted a nonsuit, and Mrs. Swartzbaugh appealed.

Rule of Law

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Issue

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Holding and Reasoning (Marks, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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