De Bernal v. Lynch
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action of ejectment to recover a tract of land at the Mission Dolores, in the City and County of San Francisco. The original answer was a general denial of the allegations of the complaint; also set up a tax title in Isaac 1ST. Thorne, as an outstanding title.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action of ejectment to recover a tract of land at the Mission Dolores, in the City and County of San Francisco. The original answer was a general denial of the allegations of the complaint; also set up a tax title in Isaac 1ST. Thorne, as an outstanding title. The case was tried by the Court, and on the trial most of the facts were agreed, and, as appears from the findings of the Court, were substantially as follows: 1st. That the lot in contest, consisting of nearly six acres of land, lies…
1Opinion of the Court
By the Court, Rhodes, J. :
The plaintiffs are the widow and son of José Cornelio Bernal. Their claim to the premises, which they derived under an alleged grant from Governor Figueroa to José Cornelio Bernal, was confirmed by the District Court, and the survey of the lands granted was finally confirmed by the District Court in 1863. Theodore Dehon, under whom the defendants claim, contested the survey, and his executor appealed to the Supreme Court; and in that Court the decree of the District Court was affirmed. The defendants rely upon title in the estate of Dehon under the Van ¡Ness…
2Cases cited11 opinions
- McMinn v. WhelanCalifornia Supreme Court · 1865
- Moss v. ShearCalifornia Supreme Court · 1864
- Estrada v. MurphyCalifornia Supreme Court · 1861
- Kelsey v. AbbottCalifornia Supreme Court · 1859
- Semple v. WrightCalifornia Supreme Court · 1867
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3Cited by17 opinions
- Sullivan v. GageCalifornia Supreme Court · 1905
- Reily v. LancasterCalifornia Supreme Court · 1870
- Carithers v. WeaverSupreme Court of Kansas · 1871
- Hurley v. HurleyMassachusetts Supreme Judicial Court · 1889
- Garvey v. ByramCalifornia Supreme Court · 1941
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