Reed v. Calderwood
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Plaintiffs averred in their complaint “ that they now are and for several years last past have been the owners in fee simple absolute, and in the possession and rightfully entitled to, the possession of” (here followed a description of the land). Defendant in his answer denied “ that plaintiffs now are and for several years last past have been the owners in fee simple or otherwise,…
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Plaintiffs averred in their complaint “ that they now are and for several years last past have been the owners in fee simple absolute, and in the possession and rightfully entitled to, the possession of” (here followed a description of the land). Defendant in his answer denied “ that plaintiffs now are and for several years last past have been the owners in fee simple or otherwise, or in the possession (except as hereinafter alleged), or entitled to the possession of the land and premises described…
1Opinion of the Court
By the Court, Shafter, J.:
Action to quiet title under the two hundred and fifty-fourth section of the Practice Act. The case was tried by the Court. Finding and judgment for plaintiff. The appeal is from the judgment and order denying defendant a new trial.
The allegation in the complaint that the plaintiffs own the premises in fee simple absolute, is not denied, and no evidence was introduced tending to prove that the lot belonged to the defendant, as averred in his special answer.
The averment of the plaintiffs that they were in possession at the commencement of the action, is not effectually…
2Cases cited1 opinion
- Fish v. RedingtonCalifornia Supreme Court · 1866
3Cited by14 opinions
- Indiana, Bloomington & Western Railway Co. v. AllenIndiana Supreme Court · 1888
- Duckworth v. Watsonville Water & Light Co.California Supreme Court · 1907
- Wisconsin v. TorinusSupreme Court of Minnesota · 1881
- Davis v. CrumpCalifornia Supreme Court · 1912
- Scorpion Silver Mining Co. v. MarsanoNevada Supreme Court · 1875
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