Upham v. Hosking
California Supreme Court
Appeal by defendant from the judgment of the District Court of the Seventh Judicial District in and for the County of Solano, and from an order denying a motion for a new trial. Wallace, J. Action of ejectment. The evidence as to the house claimed to have been reserved in the deed, and from one Brown to the plaintiff, was as follows: Testimony of C. K. Marshall: “Question. You know the end of the house that extends over into the swamp land? “Answer. Yes, sir.
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Appeal by defendant from the judgment of the District Court of the Seventh Judicial District in and for the County of Solano, and from an order denying a motion for a new trial. Wallace, J. Action of ejectment. The evidence as to the house claimed to have been reserved in the deed, and from one Brown to the plaintiff, was as follows: Testimony of C. K. Marshall: “Question. You know the end of the house that extends over into the swamp land? “Answer. Yes, sir. “Q. Is that building the same structure as the wharf itself—a body of piles altogether—a wharf on portion and a house on portion,…
1Opinion of the Court
Thornton, J.:
Action to recover possession of certain lands described in the complaint, situate in the County of Solano. The plaintiff had judgment. Defendant moved for a new trial, which was denied, and he prosecutes this appeal from the judgment and order just mentioned.
As to a portion of the land sued for (part of Swamp Land Survey No. 17), on which was a portion of a building, it is admitted that the title was in one Brown, and that the conveyance from him to plaintiff passed to the latter Brown’s title to that portion of the lot which was covered by the building, unless excluded from the…
2Cases cited7 opinions
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