Daniels v. Henderson
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. By a reference to the 45th of Cal. 647, some of the facts will be, found stated which apply to this case.
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Appeal from the District Court, Sixth Judicial District, County of Sacramento. By a reference to the 45th of Cal. 647, some of the facts will be, found stated which apply to this case. Under the writ of assistance which was issued as there stated, on the 22d of October, 1872, Henderson, the defendant here, was, on the 29th of October following, placed in possession of the north-west quarter, the south-west quarter, the west half of the north-west quarter, and the north-west quarter of the south-east quarter of section thirty-six, township five north, range seven east, Mount Diablo meridian.…
1Opinion of the Court
By the Court, Rhodes, J.:
This action was brought to recover the rents and profits of certain premises, for the period of time during which the possession was held by the defendant, after the service of the writ of assistance, which was issued in the case of Henderson v. McTucker. The defendant offered evidence to prove that Jacob and William Morss purchased the premises from the State (they being a portion of a thirty-sixth section); that they conveyed the same to Nathaniel McTucker; that the latter executed to Jacob Morss a mortgage of the premises to secure a part of the purchase-money;…
2Cases cited1 opinion
- Henderson v. McTuckerCalifornia Supreme Court · 1873
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