Hihn v. Peck
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Cruz County. The referee merely found the undivided interest which each one of the parties owned in the land, without finding the particular facts upon which he based his conclusion. The final decree was entered September 14th, 1864, and on the 26th of September, 1864, the appellants filed a statement on appeal.
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Appeal from the District Court, Third Judicial District, Santa Cruz County. The referee merely found the undivided interest which each one of the parties owned in the land, without finding the particular facts upon which he based his conclusion. The final decree was entered September 14th, 1864, and on the 26th of September, 1864, the appellants filed a statement on appeal. On the 17th day of October, 1861, the réferee filed his report, and on the 18th and 25th days of October,-1861, the defendants gave notice of motion for a new trial, and filed statements. It was stipulated that the report…
1Opinion of the Court
By the Court, Shafter, J.:
This is an action for a partition. A reference was ordered* and on the coming in of the report it was excepted to by the *285defendants. The exceptions were overruled, and the report was confirmed in its main features by interlocutory decree. Provision was made in the decree for a Commission to make partition among the parties according to their respective rights as settled by the report and the decree thereon, and on the 14th of September, 1864, a final decree was entered in the action. Four of the defendants—Farnham, administrator of Bates, Brady, Nichols and Porter,…
2Cases cited10 opinions
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