Fredericks v. Judah
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco refusing a new trial. The action was brought to quiet the plaintiff’s alleged title to a certain fifty-vara lot in the city and county of San Francisco, lying without the corporate limits of the charter line of 1851. The defendants, who are the heirs at law of one Ferguson, deceased, denied any title on the part of plaintiff, pleaded title in themselves derived through Ferguson, and among…
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Appeal from an order of the Superior Court of the city and county of San Francisco refusing a new trial. The action was brought to quiet the plaintiff’s alleged title to a certain fifty-vara lot in the city and county of San Francisco, lying without the corporate limits of the charter line of 1851. The defendants, who are the heirs at law of one Ferguson, deceased, denied any title on the part of plaintiff, pleaded title in themselves derived through Ferguson, and among other things set up that the plaintiff went into possession of the lot as the tenant of Ferguson, and has ever since…
1Opinion of the CourtPaterson, J.
— The transcript contains copies of affidavits filed by the plaintiff in the court below in support of his motion for a new trial, showing in substance that the defendants’ attorney persisted in arguing to the jury that the defendants had paid all of the taxes on the premises in controversy from 1861 to the time of the trial; that plaintiff had never paid any taxes thereon; that, as a fact, no evidence whatever was before the jury on the question of taxes, and that he also persisted in arguing to the jury that the County Court had decided that the plaintiff was the tenant of defendants,…
2Cases cited4 opinions
- Willson v. CleavelandCalifornia Supreme Court · 1866
- Turner v. Tuolumne County Water Co.California Supreme Court · 1864
- Polhemus v. HeimanCalifornia Supreme Court · 1875
- Unger v. RoperCalifornia Supreme Court · 1878
3Cited by21 opinions
- People v. ReidCalifornia Supreme Court · 1924
- Root Refining Co. v. Universal Oil Products Co.Court of Appeals for the Third Circuit · 1948
- Werner v. State BarCalifornia Supreme Court · 1944
- Howell v. BuddCalifornia Supreme Court · 1891
- People v. MolinaCalifornia Supreme Court · 1899
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