Cunningham v. Ashley
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The lot in controversy in this action is the one involved in the case of Hice, administrator, etc., of Kittleman, deceased, v. Cunningham et al., 29 Cal. 492; and the judgment in that case is the one relied on here as an estoppel. After the decision of that case the defendant Ashley acquired. the interest of the heirs of Kittleman in the property.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The lot in controversy in this action is the one involved in the case of Hice, administrator, etc., of Kittleman, deceased, v. Cunningham et al., 29 Cal. 492; and the judgment in that case is the one relied on here as an estoppel. After the decision of that case the defendant Ashley acquired. the interest of the heirs of Kittleman in the property. The defendant Rice suffered a default in this case. The defendant Carr, in 1859, purchased the lot at administrators’ sale, and received the. deed of…
1Opinion of the Court
By the Court, Wallace, C. J.:
In 1859 the administrator of the estate of John Kittleman commenced an action of ejectment against Cunningbam (who is the plaintiff in this action) and his tenants to recover the premises in controversy here, being a lot in San Francisco. The complaint of the administrator filed in that action averred that at the time of his death his intestate, Kittleman, was seized in fee as owner of -the premises; this - averment was denied by the defendants, who set up title in Cunningham, their landlord, who defended the action. The trial of the action subsequently had was…
2Cited by29 opinions
- Sharon v. TerryU.S. Circuit Court for the District of Northern California · 1888
- Estate of ClarkCalifornia Supreme Court · 1923
- Dennis v. BintCalifornia Supreme Court · 1898
- Meeks v. OlphertsSupreme Court of the United States · 1880
- Spotts v. HanleyCalifornia Supreme Court · 1890
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