Legal Opinion

De Witt v. Duncan

California Supreme Court

Decided July 1, 1873No. 3,087PublishedCited by 6 opinions

Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The defendants appealed. The other facts are stated in the opinion.

1Opinion of the Court

By the Court, Rhodes, J.:

The plaintiffs allege that they are the owners of portions' of block number nine, bounded by Folsom, Harrison, Eleventh, and Twelfth streets, in San Francisco; that in 1853, Montgomery, Walker, Davis, and Marshall were seized and in the actual possession as tenants in common of the block; that Eleventh and Twelfth streets had not then been surveyed; that the tenants in common of the block then believed that its width between Eleventh and Twelfth streets was greater than it proved to be on a subsequent survey; that the tenants in common intending to run a street…

2Cited by6 opinions

  1. Hopping v. Council of City of RichmondCalifornia Supreme Court · 1915
  2. City Council of Montgomery v. TownsendSupreme Court of Alabama · 1887
  3. Bixler's AppealCalifornia Supreme Court · 1881
  4. Black v. Richfield Oil Corp.Court of Appeals for the Ninth Circuit · 1944
  5. White v. GreenwoodCalifornia Court of Appeal · 1921

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