Legal Opinion

Garrison v. McGlockley

California Supreme Court

Decided July 1, 1869PublishedCited by 3 opinions

Appeal from the District Court of the Fourth District, City and County of San Francisco. The facts are stated in the opinion of the Court.

1Opinion of the CourtSprague, J.

The only question involved in this case is, was the possession of defendants adverse to plaintiff for five years next preceding the commencement of the action ?

*79The plaintiff alleges title and right of possession, and that defendants -wrongfully withhold from him such possession. Defendants deny plaintiff’s title and right of possession, and plead title in themselves by virtue of a quiet, peaceable, continuous, undisturbed possession in themselves, adverse to plaintiff and to all the world, for more than five consecutive years next preceding the commencement of the action.

There is no question…

2Cases cited1 opinion

  1. McCracken v. City of San FranciscoCalifornia Supreme Court · 1860

3Cited by3 opinions

  1. Unger v. MooneyCalifornia Supreme Court · 1883
  2. Lockey v. HorskyMontana Supreme Court · 1882
  3. Buttner v. SmithCalifornia Supreme Court · 1894

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