Bruck v. Tucker
42 Cal. 346 ·
Supreme Court of California
Published · citable
Holding
The court held that a devise of real property under a will operates only upon the estate in the land that the testator held at death, and that an equitable defense in an action at law must be pleaded with the substantive sufficiency of a bill in equity, including an averment that the contract sought to be enforced was supported by an adequate consideration.