McQuade v. Whaley

By the Court, Currey, C. J.:

This action was brought on the 8th of October, 1864, to recover a lot of land in the City of San Francisco. It is averred in the complaint that in 1852 the lot was the common property of Hugh Casement and Emily, his wife, and so continued to be until the month of May, 1861, when the husband died, and that upon that event the lot became the abso*528lute property of the said Emily. That before the commencement of the action the plaintiff became the owner of the lot by conveyance from said Emily. That the defendants have unlawfully entered into and had the possession of…