Smith v. Brannan
California Supreme Court
Appeal from the Tenth District. The complaint avers title and possession in plaintiff, the title being derived from John A. Sutter, who claims under a Mexican grant; that the defendants wrongfully claim an estate and interest in the above described real property, adverse to this plaintiff and his title thereto, and found the same, as the plaintiff is informed and believes to be true, upon a certain pretended conveyance which they allege was executed by the said John A.…
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Appeal from the Tenth District. The complaint avers title and possession in plaintiff, the title being derived from John A. Sutter, who claims under a Mexican grant; that the defendants wrongfully claim an estate and interest in the above described real property, adverse to this plaintiff and his title thereto, and found the same, as the plaintiff is informed and believes to be true, upon a certain pretended conveyance which they allege was executed by the said John A. Sutter, on the twenty-seventh day of July, a. d. 1849, to, etc. which said last-named conveyance has never been recorded, and…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
Suit brought to quiet title to two hundred acres of land.
The plaintiff avers himself to be in possession, and charges that the defendants claim title to the premises.
Brannan answered, setting up title from Sutter, older in date than the title through which plaintiff claims—the source of both titles being the same.
The Court tried the case—a jury being waived.
The plaintiff deduced a regular chain of title from Sutter—fhe common grantor—to himself, and proved himself in possession, through one Stevens, his tenant. Brannan failed to show title of any sort.
The Practice Act,…
2Cited by14 opinions
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- Ward v. Springfield Fire & Marine InsuranceWashington Supreme Court · 1895
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