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McCausland v. McCausland

2 Cal. Unrep. 11 Court Cal. Decision date 1876-02-07 Docket No. 4989 English

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p. 11
Estate of WILLIAM McCAUSLAND, Deceased, Appellant, v. Application of ANNIE F. McCAUSLAND, Respondent.[1]
No. 4989;
February 7, 1876.

Headnote

Marriage—Contract in the Presentí—The Findings of the Court below as ,to a contract of marriage in the present are not to be disturbed when made up on evidence substantially conflicting.
APPEAL from Probate Court, Santa Clara County.
Campbell, Fox & Campbell for appellant; J. E. McElrath for respondent.

There was evidence tending to prove both a contract of marriage in the present and also a contract per verba de futuro cum copula.

This must be decisive of the case, for, assuming a substantial conflict in the evidence, we cannot disturb the findings of the court below.

Judgment and order appealed from affirmed.