Moody v. Palmer
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover possession of a tract of land in the city of San Francisco, bounded as “commencing at a point on the south line of California street, distant one hundred and nine feet nine inches west from the southwest corner of Yan Ness avenue and California street; running thence west on the said south line of California street, one hundred and forty feet; thence south and…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover possession of a tract of land in the city of San Francisco, bounded as “commencing at a point on the south line of California street, distant one hundred and nine feet nine inches west from the southwest corner of Yan Ness avenue and California street; running thence west on the said south line of California street, one hundred and forty feet; thence south and parallel with Yan Ness avenue, two hundred and seventy-five feet to the north line of Pine street; thence east on said line…
1Opinion of the Court
By the Court, Crockett, J.:
The action is ejectment to recover the possession of a parcel of land in the Western Addition to the city of San Francisco. Both parties claim title in fee. The material facts developed at the trial are as follows: In 1852 Dyer and Gladding, who were partners in business, purchased the possessory claim to an uninclosed tract of about eighty, acres of land, and took the deed in the name of Dyer alone. There was at the time a small inclosure upon the tract for a chicken yard. They entered into the actual possession of the part inclosed and continued to hold it until…
2Cases cited2 opinions
- Buck v. SquiersSupreme Court of Vermont · 1850
- Johnson v. AndersonSupreme Judicial Court of Maine · 1841
3Cited by25 opinions
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Neff v. ErnstCalifornia Supreme Court · 1957
- Anderson v. Citizens Sav. & Tr. Co.California Supreme Court · 1921
- Smith v. HornSupreme Court of Florida · 1915
- Pinsky v. SloatCalifornia Court of Appeal · 1955
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