Suñol v. Hepburn
California Supreme Court
Appeal from the court of First Instance of the district of San José. The action was brought bj Antonio SnHol, Pedro Sansevaine and ITenry M. Naglee against James Hepburn, William Stewart and Charles Stewart, to recover possession of a lot of land, situated in the valley of San José. The action was brought and the judgment rendered before the passage of the statute adopting the common law, and was what is designated in the civil law as a possessory action.
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Appeal from the court of First Instance of the district of San José. The action was brought bj Antonio SnHol, Pedro Sansevaine and ITenry M. Naglee against James Hepburn, William Stewart and Charles Stewart, to recover possession of a lot of land, situated in the valley of San José. The action was brought and the judgment rendered before the passage of the statute adopting the common law, and was what is designated in the civil law as a possessory action. The complaint alleged that the plaintiffs, and those through whom they claimed, had been for more than three years in peaceable, public and…
1Opinion of the Court
By the Court,
Bennett, J.
On the first argument of this cause my impressions were strong, that the plaintiffs ought not to recover, and, if it had been qn ordinary case, I should have had no hesitation in so deciding at once. I was not entirely satisfied, however, but that, on a re-argument, additional authorities might be adduced, which would leave the case without doubt in the minds both of myself and my associates. I felt, also, in common with the chief justice, that there was a possibility that I might have been led into error. I thought, therefore, that the case was a proper one for…
2Cited by14 opinions
- United States v. CandelariaSupreme Court of the United States · 1926
- Hicks v. ColemanCalifornia Supreme Court · 1864
- Wilson v. AtkinsonCalifornia Supreme Court · 1888
- Hage v. United StatesUnited States Court of Federal Claims · 2002
- Sheldon v. MullCalifornia Supreme Court · 1885
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