Legal Opinion

Schenk v. Evoy

California Supreme Court

Decided July 1, 1864PublishedCited by 22 opinions

Appeal from the District Court, Fourth Judicial District, County of Contra Costa. The complaint averred that on and after the first day of January, 1860, the plaintiffs were lawfully seized and possessed and liad the right to the possession of a certain tract of land, consisting of about one thousand acres, situate and lying in said County of Contra Costa, and being particularly described as follows, to wit: All that certain piece of land, situate, lying, and being in the…

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Appeal from the District Court, Fourth Judicial District, County of Contra Costa. The complaint averred that on and after the first day of January, 1860, the plaintiffs were lawfully seized and possessed and liad the right to the possession of a certain tract of land, consisting of about one thousand acres, situate and lying in said County of Contra Costa, and being particularly described as follows, to wit: All that certain piece of land, situate, lying, and being in the County of Contra Costa, and being part of the rancho known as the “ Sobrante,” on the western side of San Pablo Creek, and…

1Opinion of the Court

By the Court, Shafter, J.

*109Appeal from judgment in ejectment, and from order overruling motion for new trial.

Among other questions presented by the record, we are required to determine the legal effect of a deed executed by Frisbie and De Zaldo to Adolphus Germon, March 13th, 1856. Through sundry mesne conveyances, all the rights of Germon acquired by this deed passed to and became vested in Augustus Schenk, one of the appellants, on the 11th day of November, 1857. The following description of the premises conveyed is found in all of the deeds referred to :

“ Have granted, bargained, and sold,…

2Cases cited2 opinions

  1. Corbin v. Jackson ex dem. GarnseyCourt for the Trial of Impeachments and Correction of Errors · 1835
  2. Jackson, ex rel. Garnsey v. LivingstonNew York Supreme Court · 1831

3Cited by22 opinions

  1. Adams v. HopkinsCalifornia Supreme Court · 1904
  2. Lawrence v. BallouCalifornia Supreme Court · 1869
  3. Waterhouse v. GallupCourt of Appeals of Texas · 1915
  4. Dohoney v. WomackCourt of Appeals of Texas · 1892
  5. Cullen v. SpriggCalifornia Supreme Court · 1890

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