Broad v. Murray
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. This was an action for the partition of a portion of a city lot, and of the rents and profits of the property for the preceding ten years. The defendant, Broad and his wife, acquired the title to the lot in 1852, by purchase from Logan, the grantee of the Alcalde, and held it as community property until 1858, when the wife died. The plaintiffs are the children of the wife.
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. This was an action for the partition of a portion of a city lot, and of the rents and profits of the property for the preceding ten years. The defendant, Broad and his wife, acquired the title to the lot in 1852, by purchase from Logan, the grantee of the Alcalde, and held it as community property until 1858, when the wife died. The plaintiffs are the children of the wife. After the death of his wife the defendant Broad executed a deed to William Murray purporting to convey the title in fee to…
1Opinion of the Court
By the Court, Niles, J.:
We cannot disregard the findings of the Court, upon the ground that they were filed subsequent to the entry of the judgment. It has been held that the Practice Act is merely directory, as to the time of filing the findings, and as to the order of filing in relation to the entry of the judgment. (Vermule v. Shaw, 4 Cal. 216; Polhemus v. Carpenter, 42 Cal. 375.)
It is evident that the principles announced by this Court in Broad v. Broad, 40 Cal. 493, are decisive of this case. Charles Broad was a tenant in common with the plaintiff's of the land in controversy at the date…
2Cases cited2 opinions
- Polhemus v. CarpenterCalifornia Supreme Court · 1871
- Broad v. BroadCalifornia Supreme Court · 1871
3Cited by14 opinions
- Stewart v. StewartCalifornia Supreme Court · 1926
- Johnston v. S.F. Savings UnionCalifornia Supreme Court · 1888
- Allen v. LewisWyoming Supreme Court · 1919
- Gomer v. ChaffeSupreme Court of Colorado · 1880
- Lynch v. CoviglioUtah Supreme Court · 1898
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