Legal Opinion

Johnston v. Fish

California Supreme Court

Decided January 4, 1895No. 15503PublishedCited by 23 opinions

Appeal from a judgment, of the Superior Court of the • City and County of San Francisco and from an order ..denying a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtHarrison, J.

Action to recover damages from defendants for the conversion of certain hay.

The plaintiff’s right of action grows out of the following facts: Prior to March 1, 1881, Henry Benson had been for many years the owner of a tract of land in Contra Costa county, which on that day he conveyed to one Jones. In May of the same year Jones conveyed it to the defendants herein. The conveyance from Benson to Jones was procured by the fraud of the latter, and on the 1st of September of that year Benson took possession of the land, claiming it as his own, upon the ground that by reason of the fraud he was…

2Cases cited5 opinions

  1. Page v. FowlerCalifornia Supreme Court · 1870
  2. Stockwell v. . PhelpsNew York Court of Appeals · 1866
  3. Martin v. ThompsonCalifornia Supreme Court · 1882
  4. Groome v. AlmsteadCalifornia Supreme Court · 1894
  5. Emerson v. WhitakerCalifornia Supreme Court · 1890

3Cited by23 opinions

  1. Churchill v. AckermanWashington Supreme Court · 1900
  2. Slater v. Shell Oil Co.California Court of Appeal · 1943
  3. Fritcher v. KelleyIdaho Supreme Court · 1921
  4. McCaffrey v. WileyCalifornia Court of Appeal · 1951
  5. Kester v. AmonMontana Supreme Court · 1927

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