Polack v. McGrath
California Supreme Court
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
- Coryell v. CainCalifornia Supreme Court · 1860
- Abell v. CalderwoodCalifornia Supreme Court · 1854
- Davis v. PerleyCalifornia Supreme Court · 1866
- Jackson ex dem. Hardenberg v. SchoonmakerNew York Supreme Court · 1807
- Hestres v. ClementsCalifornia Supreme Court · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Davis v. CrumpCalifornia Supreme Court · 1912
- Froman v. MaddenIdaho Supreme Court · 1907
- Spurlock v. DoughertySupreme Court of Missouri · 1883
- Staininger v. AndrewsNevada Supreme Court · 1868
- Taylor v. Central Pacific RailroadCalifornia Supreme Court · 1885
14 more not listed; retrieve them via the Exa API.