Thompson v. Thompson
California Supreme Court
Appeal from the District Court, First Judicial District, County of Santa Barbara. Ejectment to recover Lot No. 62, of the lands known as the outside or Pueblo lands of the Town or City of Santa Barbara, marked on the map of W. H. Norway’s subdivision of said lands, known as Official Map No. 2, on file in the office of the City Council of said city.
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Appeal from the District Court, First Judicial District, County of Santa Barbara. Ejectment to recover Lot No. 62, of the lands known as the outside or Pueblo lands of the Town or City of Santa Barbara, marked on the map of W. H. Norway’s subdivision of said lands, known as Official Map No. 2, on file in the office of the City Council of said city. The defendant in his answer set up, “ as a cross complaint,” that the lot was a part of the four leagues of Pueblo land which was patented to Santa Barbara by the United States on the 31st day of May, 1872, to the Mayor and Common Council of said…
1Opinion of the Court
argued that the answer contained a'cross-complaint, which was not denied, and that, therefore, upon its allegations, the defendant was entitled to equitable relief, and cited sec. 442 of the Code of Civil Procedure as enacted in 1874.
W. M. Francis, for Respondent.
By the Court :
There was nothing in the cross-complaint (so-called) which it was incumbent on the plaintiff to answer. So much of it as averred a prior grant to the defendant by the municipal authorities of Santa Barbara amounted only to a denial of the plaintiff’s title; and the fact was admissible in evidence under the general…
2Cited by8 opinions
- City of Oakland v. Oakland Water Front Co.California Supreme Court · 1897
- Swasey v. AdairCalifornia Supreme Court · 1891
- Harrison v. McCormickCalifornia Supreme Court · 1886
- City of Los Angeles v. WattersonCalifornia Court of Appeal · 1935
- Schuyler v. BroughtonCalifornia Supreme Court · 1888
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