Judson v. Malloy
California Supreme Court
Appeal from the District Court of the Fourth District, City and County of San Francisco. This was an action of ejectment to recover certain lands in San Francisco, from many defendants. The various defences set out were — 1. General denial. 2. Plaintiff not in possession within five years. 3. Title. 4. Adverse possession of five years. 5. Title in some third person — and in landlord. 6. Abandonment. 7. Title in the City. 8. Occupancy under color of title.
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Appeal from the District Court of the Fourth District, City and County of San Francisco. This was an action of ejectment to recover certain lands in San Francisco, from many defendants. The various defences set out were — 1. General denial. 2. Plaintiff not in possession within five years. 3. Title. 4. Adverse possession of five years. 5. Title in some third person — and in landlord. 6. Abandonment. 7. Title in the City. 8. Occupancy under color of title. Judgment was rendered for some of the defendants, that they recover of plaintiff part of the lands, the same being already in possession of…
1Opinion of the Court
Bhodes, C. J.,
delivéred the opinion of the Court, Wallace, J., Cbockett, J., and Temple, J., concurring:
The plaintiffs, in their statement on motion for a new trial, assigned very many — more than forty — grounds of error. This was caused, doubtless, by the fact that the action was brought for the recovery of a large tract of land, or rather a number of tracts, which, in the aggregate, constitute a large body of land, and against many defendants who were holding separate portions of the land, without any common interest. After the action was dismissed as to many of the defendants, a trial was…
2Cases cited3 opinions
- Hicks v. ColemanCalifornia Supreme Court · 1864
- Davis v. PerleyCalifornia Supreme Court · 1866
- Wolf v. BaldwinCalifornia Supreme Court · 1861
3Cited by33 opinions
- Frink v. RoeCalifornia Supreme Court · 1886
- Farmers Canal Co. v. FrankNebraska Supreme Court · 1904
- Manhattan Life Ins. v. WrightCourt of Appeals for the Eighth Circuit · 1903
- Collins v. LewisSupreme Court of Connecticut · 1930
- Utt v. FreyCalifornia Supreme Court · 1895
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