Carpentier v. Small
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. The demanded premises are in the County of Contra Costa. The complaint averred that on the first day of August, 1860, the plaintiff was and still is seized in fee as owner and entitied to the possession, and that afterwards, on said day, defendants entered and excluded him from possession. The prayer was for judgment for possession of the entire tract of land.
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Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. The demanded premises are in the County of Contra Costa. The complaint averred that on the first day of August, 1860, the plaintiff was and still is seized in fee as owner and entitied to the possession, and that afterwards, on said day, defendants entered and excluded him from possession. The prayer was for judgment for possession of the entire tract of land. The Court found as a fact that the plaintiff was and had been since the first day of August, 1860, the owner of seven sixteenths undivided and upwards of…
1Opinion of the Court
By the Court, Shafter, J. :
[A rehearing having been granted, a portion of the original opinion was not finally adopted; and for this reason, such portion is, by direction of the Court, omitted in the report.]
Ejectment to recover possession of several tracts of land, parcel of the “Rancho Laguna de los Palos Colorados.” The case was tried by the Court, and the appeal is from the *353judgment and from an order denying the defendant’s motion for a new trial.
It is found that the rancho was granted in fee by the Mexican Government to Juan Bernal and Joaquin Moraga as tenants in common, and that, prior…
2Cases cited7 opinions
- Fair v. StevenotCalifornia Supreme Court · 1866
- Carpentier v. MendenhallCalifornia Supreme Court · 1865
- Carpentier v. AthertonCalifornia Supreme Court · 1864
- Allen v. FennonCalifornia Supreme Court · 1864
- Bay v. PopeCalifornia Supreme Court · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Potter v. ChambersCalifornia Supreme Court · 1922
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- Mecham v. McKayCalifornia Supreme Court · 1869
- McDodrill v. Pardee & Curtin Lumber Co.West Virginia Supreme Court · 1895
- Wilson v. MatteiCalifornia Court of Appeal · 1927
17 more not listed; retrieve them via the Exa API.