Thompson v. McKay
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. This was an action of ejectment. The complaint contained two counts, one for the rooms of the second and third stories of the northerly section of the brick building mentioned in the opinion, fronting twenty feet on the street, and the other for the land on which said section of the brick building was erected.
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. This was an action of ejectment. The complaint contained two counts, one for the rooms of the second and third stories of the northerly section of the brick building mentioned in the opinion, fronting twenty feet on the street, and the other for the land on which said section of the brick building was erected. The action was commenced January 10th, 1867. On the 5th day of August, 1856, Alexander McKay con-' veyed to Angus McKay all his interest in the land and building mentioned in the…
1Opinion of the Court
By the Court, Crockett, J.:
The first point of inquiry is, whether the instrument from Gowen to Alexander McKay, of April 26th, 1856, was operative as a deed to convey the legal title of Gowen to the demanded premises; for. if it had that effect it is evident the defendants are estopped by the judgment in the case of McKay v. Petaluma Lodge and others, from again litigating *227the same title in this action. It is not pretended that the defendants have acquired any new title or right to the possession derived from or under Gowen since the commencement of that action, except the conveyance from his…
2Cases cited2 opinions
- Marshall v. ShafterCalifornia Supreme Court · 1867
- Jones v. City of PetalumaCalifornia Supreme Court · 1868
3Cited by30 opinions
- Brown v. BrownCalifornia Supreme Court · 1915
- Savings & Loan Society v. BurnettCalifornia Supreme Court · 1895
- Rackley v. FowlkesTexas Supreme Court · 1896
- Lamb v. WahlenmaierCalifornia Supreme Court · 1904
- Missouri, K. & T. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1900
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