Dorland v. Magilton
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover a small tract of land, being a portion of a fifty-vara lot, on the north-east corner of Church and Eighteenth streets, in the city of San Francisco. Thomas Dorland was the owner of the fifty-vara lot, and, on the eleventh of April, 1865, conveyed it to Benjamin S. S. Brooks by a quitclaim deed; which deed was recorded on the twenty-fourth day of April following.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover a small tract of land, being a portion of a fifty-vara lot, on the north-east corner of Church and Eighteenth streets, in the city of San Francisco. Thomas Dorland was the owner of the fifty-vara lot, and, on the eleventh of April, 1865, conveyed it to Benjamin S. S. Brooks by a quitclaim deed; which deed was recorded on the twenty-fourth day of April following. Dorland’s deed to Brooks was merely intended by him to release to Brooks a portion of the land conveyed which was outside…
1Opinion of the Court
By the Court, Crockett, J.:
The action is ejectment, and amongst other defenses the defendants rely upon the Statute of Limitations. As we un*487derstand the evidence, it establishes, without contradiction, that for many years prior to March, 1867, Thomas Borland, under whom both parties claim, was in the actual, exclusive and adverse possession of the premises in controversy, and was so in possession when he sold and conveyed to the defendants, who immediately succeeded to the possession, and were in the actual, exclusive and adverse possession at the commencement of the action. The title of the…
2Cases cited1 opinion
- Franklin v. DorlandCalifornia Supreme Court · 1865
3Cited by2 opinions
- Lord v. SawyerCalifornia Supreme Court · 1880
- Whiteman v. City of San DiegoCalifornia Supreme Court · 1920