Smith v. Cushing
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. In 1851 Alfred Green, inclosed a tract of land containing one hundred and sixty acres in the City and County of San Francisco, and resided on it until 1853, when he sold it to D. C. Broderick, who kept the same inclosed with a fence, and cultivated it until 1859, when he died; and his executors continued to use and cultivate it until 1861, when they divided it into lots and…
Read the full summary
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. In 1851 Alfred Green, inclosed a tract of land containing one hundred and sixty acres in the City and County of San Francisco, and resided on it until 1853, when he sold it to D. C. Broderick, who kept the same inclosed with a fence, and cultivated it until 1859, when he died; and his executors continued to use and cultivate it until 1861, when they divided it into lots and blocks and sold the same at public auction. At the sale Charles Alpers bought two of the lots, and received a deed, and…
1Opinion of the Court
By the Court, Rhodes, C. J.:
This is an action of ejectment. The defendant appeals from the judgment, and the cause comes before us on the judgment roll. The Court found for the plaintiff, and ordered *99judgment accordingly. Ho objection was taken to the findings that, in any respect or upon any issue, they were defective. The presumption therefore is, as has rejieatedly been announced (see Henry v. Everts, 30 Cal. 425; James v. Williams, 31 Cal. 211; Sears v. Dixon, 33 Cal. 326; Emmal v. Webb, 36 Cal. 197), that the Court found all the facts in issue for the plaintiff, unless the contrary…
2Cases cited4 opinions
- Sears v. DixonCalifornia Supreme Court · 1867
- James v. WilliamsCalifornia Supreme Court · 1866
- Emmal v. WebbCalifornia Supreme Court · 1868
- Henry v. EvertsCalifornia Supreme Court · 1866
3Cited by6 opinions
- Hatton v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1913
- Warren v. QuillNevada Supreme Court · 1874
- Chaffee-Miller Land Co. v. BarberNorth Dakota Supreme Court · 1903
- Beaver Brook Reservoir & Canal Co. v. St. Vrain Reservoir & Fish Co.Colorado Court of Appeals · 1895
- White's Guardian v. MartinDistrict Court, D. Alaska · 1905
1 more not listed; retrieve them via the Exa API.