No. 4989;
February 7, 1876.
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.
2 Cal. Unrep. 11
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