Mahoney v. Wilson

Field, C. J. and Cope, J. concurring.

This was ejectment to recover a lot in the city of San Francisco.

The complaint contains two counts—the first averring the seizin and possession of plaintiff on or before the twenty-sixth of January, 1856, and ouster by the defendants. The second .count avers that the plaintiff was lawfully entitled to the possession of the lot, and that defendants unlawfully withhold possession, etc.

A general demurrer was filed by defendants to this complaint, and an order appears, reciting that on motion of the plaintiff’s attorneys, the defendants’ attorneys assenting…