Legal Opinion

Polack v. McGrath

California Supreme Court

Decided July 1, 1867PublishedCited by 19 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover a lot of land four hundred and twelve and a half feet in length and one hundred and thirty-seven and a half feet wide, being Fifty Yara Lots One, Two, and Three, of Block Two Hundred and Eighty-nine of the Western Addition to San Francisco.

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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover a lot of land four hundred and twelve and a half feet in length and one hundred and thirty-seven and a half feet wide, being Fifty Yara Lots One, Two, and Three, of Block Two Hundred and Eighty-nine of the Western Addition to San Francisco. The defendants entered into possession of the demanded premises in October, 1862. When plaintiff rested, defendants moved for a nonsuit, because plaintiff had not shown such a prior possession as would enable her to recover in ejectment. The…

1Opinion of the Court

By the Court, Rhodes, J.:

It appears from the testimony of the plaintiff’s witnesses that Tracy, from whom the plaintiff deduces title, claimed the south half of Block Number Two Hundred and Eighty-nine, in the Western Addition to San Francisco ; that Flint claimed the northern half of the block; that in 1853 Tracy and Flint jointly inclosed the whole block with a fence; that the fence was five feet high and consisted of posts eight feet apart and two rails, two by three inches; that in June, 1862, a cross fence was built which, with other fences, constituted the northern fence of the southern…

2Cases cited9 opinions

  1. Coryell v. CainCalifornia Supreme Court · 1860
  2. Abell v. CalderwoodCalifornia Supreme Court · 1854
  3. Davis v. PerleyCalifornia Supreme Court · 1866
  4. Jackson ex dem. Hardenberg v. SchoonmakerNew York Supreme Court · 1807
  5. Hestres v. ClementsCalifornia Supreme Court · 1863

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Davis v. CrumpCalifornia Supreme Court · 1912
  2. Froman v. MaddenIdaho Supreme Court · 1907
  3. Spurlock v. DoughertySupreme Court of Missouri · 1883
  4. Staininger v. AndrewsNevada Supreme Court · 1868
  5. Taylor v. Central Pacific RailroadCalifornia Supreme Court · 1885

14 more not listed; retrieve them via the Exa API.

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