Legal Opinion

Home Real Estate Co. v. the L.A. Pac. Co.

California Supreme Court

Decided September 20, 1912No. L.A. No. 2715PublishedCited by 21 opinions

The facts are stated in the opinion of the court. J. W. McKinley, Gurney E. Newlin, Roy Y. Reppy, and Allen W. Ashburn, Jr., for Appellant.

1Opinion of the CourtSloss, J.

This action was brought to recover possession of a strip of land thirty feet in width, located in the county of Los Angeles. That plaintiffs are the beneficial owners of a fee in the property is not disputed. The claim of the appellant, The Los Angeles Pacific Company, is that it holds and is entitled to retain possession of the strip as a right of way for railroad purposes.

It appears that on March 9, 1887, a number of persons- (including Emanuel Peltier, the then owner of the premises, and the predecessor in interest of the plaintiffs), as parties of the first part, entered into an agreement…

2Cases cited5 opinions

  1. Gurnsey v. Northern California Power Co.California Supreme Court · 1911
  2. Louisville Trust Co. v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1896
  3. Roby v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
  4. Southern California Railway Co. v. SlausonCalifornia Supreme Court · 1903
  5. Townsend v. Michigan Cent. R.Court of Appeals for the Sixth Circuit · 1900

3Cited by21 opinions

  1. People v. Ocean Shore Railroad, Inc.California Supreme Court · 1948
  2. Gerhard v. StephensCalifornia Supreme Court · 1968
  3. Atchison, Topeka & Santa Fe Ry. v. R.R. Comm'nCalifornia Supreme Court · 1916
  4. People v. Southern Pacific Co.California Supreme Court · 1916
  5. Lemon v. Los Angeles Terminal Railway Co.California Court of Appeal · 1940

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