Whitney & Woods v. Buckman
California Supreme Court
Appeal from the Seventh District. Ejectment for a tract of land described in the complaint as follows : “All that certain tract or parcel of land situated in said county of Napa, State of California, consisting of a preemption claim of one hundred and sixty acres of land, and commonly known as the Soda Springs, and embracing said Springs and the improvements thereto belonging, and being about five miles from Napa city, •in a northerly direction.”
Read the full summary
Appeal from the Seventh District. Ejectment for a tract of land described in the complaint as follows : “All that certain tract or parcel of land situated in said county of Napa, State of California, consisting of a preemption claim of one hundred and sixty acres of land, and commonly known as the Soda Springs, and embracing said Springs and the improvements thereto belonging, and being about five miles from Napa city, •in a northerly direction.” Defendant demurred on the ground that the complaint did not state facts sufficient to constitute a cause of action, and that it was ambiguous,…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
The verdict and judgment were set aside by the Judge below, upon the ground that the premises were not sufficiently described. The complaint describes the land sued for in this wise : “All that certain tract or parcel of land situated in Napa county, consisting of a preemption claim of one hundred and sixty acres of land, and commonly known as the Soda Springs, and embracing said improvements thereto belonging, and being about five miles from Napa in a northerly direction.” It is true, the statute requires the premises to be set out in the complaint by metes and…
2Cited by1 opinion
- Hildreth v. WhiteCalifornia Supreme Court · 1885