Hurlbutt v. Butenop
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. In the suit brought by Edward Gibbons, on behalf of himself and others, the complaint set forth the execution of the deed of Vincente Peralta to Hays, Caperton ct oils., dated 13th day of March, A. D. 1852, and that he, Gibbons, had become a purchaser under the said deed of a certain tract of land in the City of Oakland; that a large number of persons, several hundred, had likewise…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. In the suit brought by Edward Gibbons, on behalf of himself and others, the complaint set forth the execution of the deed of Vincente Peralta to Hays, Caperton ct oils., dated 13th day of March, A. D. 1852, and that he, Gibbons, had become a purchaser under the said deed of a certain tract of land in the City of Oakland; that a large number of persons, several hundred, had likewise become purchasers under the said deed, and for valuable considerations ; that the parties similarly situated with himself…
1Opinion of the Court
By the Court, Shafteb, J.
This is an action of ejectment brought to recover the possession of Block Sixty-seven, situated in the City of Oakland, and is parcel of lands granted by the Mexican Government to Peralta. Both parties claim under the said grantee. The plaintiff, at the trial, offered in evidence, as part of his dcraignment from Peralta, a certified copy of the record of a deed from Irving to one Marshal. The plaintiff was sworn and testified that he “ never had control of the original deed, and that it was not then in his power or control.” The defendant *55objected to the admission of…
2Cases cited1 opinion
- Skinner v. FlohrCalifornia Supreme Court · 1859
3Cited by14 opinions
- People v. San Francisco Sav. UnionCalifornia Supreme Court · 1866
- Diaz v. QuitorianoCalifornia Court of Appeal · 1969
- Hopper v. LucasIndiana Supreme Court · 1882
- Sharp v. LumleyCalifornia Supreme Court · 1868
- Reid v. Southern Development Co.Supreme Court of Florida · 1906
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