Adams v. Lansing
California Supreme Court
Appeal from the Fourth District. Ejectment for a tract of land in Oakland, Alameda county. Both parties claim under Luis Peralta, grantee from the Mexican Government of the Rancho San Antonio, which embraces the land in dispute.
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Appeal from the Fourth District. Ejectment for a tract of land in Oakland, Alameda county. Both parties claim under Luis Peralta, grantee from the Mexican Government of the Rancho San Antonio, which embraces the land in dispute. On the trial plaintiff proved that Luis Peralta was in his lifetime lawfully seized of the Rancho San Antonio ; that he died in 1851, leaving him surviving four daughters and several grandchildren— children of a deceased daughter—whose interest, if any, plaintiff held by proper mesne conveyances; that defendant was in possession, claiming exclusive ownership; and that…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
This is an action of ejectment to recover five undivided ninths of a tract of land in the city of Oakland. Both parties deraign title from Luis Peralta, deceased, to whom the land was originally granted by the Mexican Government. The plaintiff claims under conveyances from certain of the heirs at law of Peralta, and the defendant under an instrument purporting to be a will executed by Peralta on the twenty-ninth of April, 1851. This instrument, after reciting that he, Peralta, had already portioned out to his sons their respective lands, contains the following clause:…
2Cited by3 opinions
- Mathewson v. FitchCalifornia Supreme Court · 1863
- Norton v. Estate of NortonCalifornia Court of Appeal · 1919
- Pearce v. BriggsCalifornia Court of Appeal · 2021