Coryell v. Cain
California Supreme Court
Appeal from the F ourth District. The complaint alleges that in August, 1850, one Morris was in possession of the land sued for; and then goes on to set forth numerous transfers from Morris, until the title is vested in plaintiffs, and annexes to the complaint copies of the conveyances, which are nine in number.
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Appeal from the F ourth District. The complaint alleges that in August, 1850, one Morris was in possession of the land sued for; and then goes on to set forth numerous transfers from Morris, until the title is vested in plaintiffs, and annexes to the complaint copies of the conveyances, which are nine in number. It also alleges the possession of the different intermediate parties during the time of them respective interests; that the last conveyance was to the plaintiffs, May 12th, 1859; that they went into possession as tenants in commo.n, and being thus possessed, defendant afterwards, to…
1Opinion of the CourtField, C. J.
Baldwin, J. and Cope, J. concurring.
This is an action of ejectment to recover a tract of land situated within the county of San Francisco. The complaint is of a character which has frequently elicited observations of disapprobation from this Court. It is filled with matters relating to the title of the plaintiffs, which have no place in pleadings, and should only be presented as evidence in the case. Had the defendant made the application, these matters would, undoubtedly, have been stricken out, as redundant, at the cost of the plaintiffs. It is not within the wit of man to devise more…
2Cases cited1 opinion
- Wright v. WhitesidesCalifornia Supreme Court · 1860
3Cited by61 opinions
- Webber v. ClarkeCalifornia Supreme Court · 1887
- Brumagim v. BradshawCalifornia Supreme Court · 1870
- Rush v. FrenchArizona Supreme Court · 1874
- West v. EvansCalifornia Supreme Court · 1946
- Willson v. CleavelandCalifornia Supreme Court · 1866
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