Piercy v. Sabin
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action of ejectment to recover the possession of a tract of land. The defendants, for answer, “ denied, generally and specifically, each and every allegation, matter, and showing, in said complaint contained.” The cause was tried before a jury. John Crowell was, in 1853, in possession of a tract of land known as the “Crowell tract.”
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action of ejectment to recover the possession of a tract of land. The defendants, for answer, “ denied, generally and specifically, each and every allegation, matter, and showing, in said complaint contained.” The cause was tried before a jury. John Crowell was, in 1853, in possession of a tract of land known as the “Crowell tract.” He had the same surveyed, and the boundaries marked off and'staked, and resided on the premises. On the first day of November, 1853, Crowell conveyed, the…
1Opinion of the CourtBurnett, J.
Terry, C. J., and Field, J., concurring.
This was an action to recover the possession of land. The defendants simply denied the allegations of the complaint; the plaintiff had judgment, and the defendants appealed.
The first error assigned by the learned counsel of the defendants is, that the Court erred in refusing to nonsuit the plaintiff. We think there was no reason to sustain the motion of defendants to nonsuit the plaintiff. The evidence was sufficient to permit the case to go to the jury.
The second error assigned is, that the Court erred in excluding the record of a former suit.
*27Under the…
2Cases cited10 opinions
- Adams v. HackettCalifornia Supreme Court · 1857
- Bird v. LisbrosCalifornia Supreme Court · 1858
- Ladd v. StevensonCalifornia Supreme Court · 1850
- McLarren v. SpaldingCalifornia Supreme Court · 1852
- Welch v. SullivanCalifornia Supreme Court · 1857
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3Cited by47 opinions
- Harris v. City of Santa MonicaCalifornia Supreme Court · 2013
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- B. & W. Engineering Co. v. BeamCalifornia Court of Appeal · 1913
- Moss v. ShearCalifornia Supreme Court · 1866
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