Tate v. City of Sacramento
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. The plaintiff had been, for more than ten years, in the possession of a piece of land forty feet by fifty in length, and fronting on I street at a place opposite to where Third street enters I. The land lay in what would be Third street north of I if Third was opened north of I. The plaintiff had covered the lot with buildings, which he rented to tenants.
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Appeal from the District Court, Sixth Judicial District, County of Sacramento. The plaintiff had been, for more than ten years, in the possession of a piece of land forty feet by fifty in length, and fronting on I street at a place opposite to where Third street enters I. The land lay in what would be Third street north of I if Third was opened north of I. The plaintiff had covered the lot with buildings, which he rented to tenants. The council of the city of Sacramento claimed that when the city of Sacramento was laid out, in 1848 and 1849, by Sutter and his grantees, that Third street was…
1Opinion of the Court
By the Court, Crockett, J.:
At the commencement of the action the plaintiff was and for many years had been in the actual occupation of the premises in controversy. His possession was prima facie evidence of title, and must be presumed to have been rightful until the contrary appears. But the defendant contends that the land on which the plaintiff’s buildings stand constitutes a part of Third street, north of I street, and that the buildings are a public nuisance, which the city authorities may lawfully remove. In support of this claim it was incumbent on the defendant to show affirmatively…
2Cited by6 opinions
- Davis v. CrumpCalifornia Supreme Court · 1912
- Hayward v. ManzerCalifornia Supreme Court · 1886
- Demartini v. City of San FranciscoCalifornia Supreme Court · 1895
- County of Sacramento v. LauszusCalifornia Court of Appeal · 1945
- People v. ReedCalifornia Supreme Court · 1888
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