Donner v. Palmer

By the Court, Wallace, J.:

Donner, in April, 1861, commenced an action against the defendants to recover three undivided fourths of 100-vara lot Ho. 39, in San Francisco. He averred in his complaint that lie was seised of the premises as owner in fee. The answers of the defendants denied that allegation, and set up title in themselves to the several subdivisions of which they admitted themselves in the possession.

The only issue, therefore, joined between those parties rested upon the ownership in fee of the undivided three-quarters of the premises. Under these circumstances Bradley undertook…