Tompkins v. Sprout
California Supreme Court
Appeal from a judgment for the plaintiff, in the First District Court, County of Santa Barbara. Fawcett, J. The complaint contains two counts.
Read the full summary
Appeal from a judgment for the plaintiff, in the First District Court, County of Santa Barbara. Fawcett, J. The complaint contains two counts. The first count alleges that the plaintiff is seized in fee, and entitled to the possession of the land in controversy; that the defendant claims some estate or interest in said premises adverse to the plaintiff; 'that the claim of the defendant is without right, and that he has not any estate, right, title, or interest whatever in the said premises ; and that he heretofore, on or about the 28th day of September, 1877, wrongfully entered into the…
1Opinion of the Court
Ross, J.:
The complaint in this case is a combination of several independent and distinct causes of action, and could not have been sustained had a demurrer been interposed. The main purpose of the action seems to have been to have declared null and void two certain deeds to a block of land situated in Santa Barbara; but, in addition to the averments respecting that cause of action, the complaint contains the usual allegations found in a complaint to quiet title, and also in one of ejectment. The prayer is, that the adverse claims of the defendant to the premises be determined by the Court;…
2Cases cited3 opinions
- Clements v. MooreSupreme Court of the United States · 1868
- Coiron v. MillaudonSupreme Court of the United States · 1857
- Elder v. SpinksCalifornia Supreme Court · 1878
3Cited by12 opinions
- Pennie v. HildrethCalifornia Supreme Court · 1889
- Adams v. YoungMassachusetts Supreme Judicial Court · 1909
- Hope v. Valley City Salt Co.West Virginia Supreme Court · 1885
- Daisy Roller Mills v. WardNorth Dakota Supreme Court · 1897
- Smith v. SelzIndiana Supreme Court · 1888
7 more not listed; retrieve them via the Exa API.