Parker v. Duff
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Santa Clara. Ejectment to recover lots one and two of Sectioñ 15, T. 7, south E. 1 west, Mount Diablo meridian. The complaint was in the usual form.
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Appeal from the District Court, Third Judicial District, County of Santa Clara. Ejectment to recover lots one and two of Sectioñ 15, T. 7, south E. 1 west, Mount Diablo meridian. The complaint was in the usual form. The answer, after denying the allegations of the complaint, set up by way of cross-complaint, and for the púrpose-of obtaining affirmative relief, the following facts: That in January, 1864, one H. H. Warburton was in possession of the demanded premises, and remained in possession until December 24, 1868, when he sold the same for $2,900 to defendant, Luke Eobinson, and delivered…
1Opinion of the Court
By the Court, Crockett, J.:
Though there are two records in these cases, brought up on separate appeals, they constitute in fact but one case; one of the appeals being from the judgment, and the other from the order sustaining the demurrer to and dismissing the cross-complaint. It is unnecessary to decide whether this was an appealable order, and we shall treat the transcript filed on the last appeal, as only an amendment of the transcript on the first appeal.
The most important question to be considered, and which, we think, is decisive of the case, is whether the patent to Brunette, under…
2Cases cited7 opinions
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
- Stoddard v. ChambersSupreme Court of the United States · 1844
- Polk's Lessee v. WendellSupreme Court of the United States · 1820
- Reichart v. FelpsSupreme Court of the United States · 1868
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- McGarrahan v. New Idria Mining Co.California Supreme Court · 1874
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