O'Connor v. Kelly
California Supreme Court
Appeal from the District .Court of the Fourth Judicial District, City and County of San Francisco. The lease from Murphy to Kelly was dated August 25th, 1863, and was for a tract of land in San Francisco. Suit was brought before the termination of the lease, to wit: April 17th, 1868. The lease was not recorded. The deed from Murphy to O’Connor was dated April 16th, 1867, and was not recorded.
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Appeal from the District .Court of the Fourth Judicial District, City and County of San Francisco. The lease from Murphy to Kelly was dated August 25th, 1863, and was for a tract of land in San Francisco. Suit was brought before the termination of the lease, to wit: April 17th, 1868. The lease was not recorded. The deed from Murphy to O’Connor was dated April 16th, 1867, and was not recorded. The plaintiff recovered judgment in the Court below, and the defendant appealed from the judgment and from an order denying a new trial. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Temple, J.:
* The defendant was the tenant of one Murphy, from whom he had á lease of the premises sought to be recovered in this action for the term of five years, paying a rent of six dollars per annum. Before the expiration of the lease, Murphy conveyed to plaintiff, who sent his clerk to defendant to demand the payment of rent, which being refused, this action was commenced, being ejectment.
It does not appear that the defendant had notice of the conveyance of the premises to the plaintiff, or that, at the time he refused to pay rent, he had any knowledge-of that fact…
2Cases cited1 opinion
- Gage v. BatesCalifornia Supreme Court · 1870
3Cited by4 opinions
- Wayland v. LathamCalifornia Court of Appeal · 1928
- Mossi v. FairbanksCalifornia Court of Appeal · 1912
- Budaeff v. HuberCalifornia Court of Appeal · 1961
- David Bradley & Co. v. Peabody Coal Co.Appellate Court of Illinois · 1902