Williams v. Sutton
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. This was an action of ejectment for a fifty-vara lot at the northeast corner of Montgomery and Lombard streets, in the City of San Francisco. The plaintiff owned an undivided one fourth of the property, but demanded possession of the whole.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. This was an action of ejectment for a fifty-vara lot at the northeast corner of Montgomery and Lombard streets, in the City of San Francisco. The plaintiff owned an undivided one fourth of the property, but demanded possession of the whole. The defendant set up by way of bar or estoppel the recovery of a judgment in 1853 in an action of trespass quare clausum fregit, instituted by him in the Superior Court of the City of San Francisco against I. C. Woods, John Hastings, D. H. Haskell, and J.…
1Opinion of the Court
*71By the Court,
Crockett, J.:
The plaintiff deraigns title to one undivided fourth of the premises in controversy under a valid alcalde grant, and is entitled to recover the possession of the whole property as against the defendant, who has shown no title, unless the judgment in the case of Sutton v. Woods et al. shall have the effect to limit his recovery to the one undivided fourth only. Heither the plaintiff or his grantors were parties to that action, or in privity with the defendants therein; and it is conceded that his rights are unaffected hy the judgment. But it is said that Woods,…
2Cases cited1 opinion
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