Funk v. Sterrett
California Supreme Court
Appeal from a judgment for the plaintiff and from an order denying a new trial in the Superior Court of the County of Placer. Myres, J. A petition for rehearing was filed in this case after judgment, and denied.
1Opinion of the Court
The Court:
This is an action in the nature of an action to quiet title. The Court below instructed the jury: “In this case, plaintiff is not required to show any strict legal right, in-order to recover. It is not like an action in ejectment, where a plaintiff must recover on the strength of his own title. The question here is, which of the two parties has the better right? * * * * Plaintiff claims that he located and put up notices and monuments. If it were true that they had done that so as to mark the boundaries of their claim, that would be a good location; but if they had not done that,…
2Cited by5 opinions
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