Seaward v. Malotte
California Supreme Court
Appeal from the Tenth District. The land in suit is a small portion of a large tract, embracing 1,300 acres. The owners of this tract, at a certain time, by sundry mesne conveyances from Sutter, were six persons, of whom plaintiff and one Hedges were two—the former deriving his title from one Mott, and holding it as security for indorsements. These parties held as tenants in common. On partition, each party received from the others a quitclaim deed for his share.
Read the full summary
Appeal from the Tenth District. The land in suit is a small portion of a large tract, embracing 1,300 acres. The owners of this tract, at a certain time, by sundry mesne conveyances from Sutter, were six persons, of whom plaintiff and one Hedges were two—the former deriving his title from one Mott, and holding it as security for indorsements. These parties held as tenants in common. On partition, each party received from the others a quitclaim deed for his share. The land in controversy fell to Hedges, and was accordingly deeded to him. He, a month afterward, conveyed to plaintiff. The…
1Opinion of the CourtField, C. J.
Cope, J. and Baldwin, J. concurring.
This is an action of ejectment, to recover the possession of a tract of land situated in Yuba county, south of the Yuba river, and opposite the city of Marysville. The plaintiff deraigns his title from a grant issued to John A. Sutter, in June, 1841, by the then Mexican Governor of California. The evidence given on the trial established beyond reasonable question the former existence of the grant, its destruction by fire in Sacramento, in 1851, and the correctness, as a copy of the same, of the document produced. In the description of the premises, the…
2Cases cited3 opinions
- People v. WellsCalifornia Supreme Court · 1938
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Thomas v. HatchU.S. Circuit Court for the District of Maine · 1838
3Cited by4 opinions
- Jones v. St. John Irrigating Co.Idaho Supreme Court · 1884
- Rhoda v. County of AlamedaCalifornia Court of Appeal · 1933
- Pene v. MaukCalifornia Court of Appeal · 1935
- Willson v. TruebodyCalifornia Supreme Court · 1864