Collins v. Bartlett
California Supreme Court
Appeal from the District Court of the Third Judicial District, Santa Clara County. Ejectment to recover the northeast quarter of the southeast quarter of section five, township nine south, range one west, Mount Diablo base and meridian, and the improvements thereon. Younger & Logan, the lessors of defendants, were allowed to appear and defend the action.
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Appeal from the District Court of the Third Judicial District, Santa Clara County. Ejectment to recover the northeast quarter of the southeast quarter of section five, township nine south, range one west, Mount Diablo base and meridian, and the improvements thereon. Younger & Logan, the lessors of defendants, were allowed to appear and defend the action. They deny the allegations of the complaint, and, by way of cross-complaint, aver that they are the owners in possession, and * entitled to possess a portion of the land sued for by plaintiff, and describe the same as follows: Bounded on the…
1Opinion of the Court
By the Court, Rhodes, J.:
This is an action of ejectment. The defendants answered and also filed a cross-complaint.
The equity set up in the cross-complaint is based on these facts: In 1853 Jones & Belden located school land warrants on these and other lands, entered into possession thereof, and made improvements thereon; and in 1858 they sold and con*380veyed the same to Henning; and in 1861. Henning sold to Howe a tract containing eighty acres, including the two-acre tract—the tract in controversy. In 1863 Howe sold the two-acre tract to Froment; Froment afterwards sold the same to "White; and…
2Cited by28 opinions
- Stevinson v. JoyCalifornia Supreme Court · 1912
- Harrison v. McCormickCalifornia Supreme Court · 1886
- Loup v. California Southern RailroadCalifornia Supreme Court · 1883
- Goodwin v. McCabeCalifornia Supreme Court · 1888
- Coulthurst v. CoulthurstCalifornia Supreme Court · 1881
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