Abbey Homestead Ass'n v. Willard
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover about one hundred acres of land, part of the Visitación Eancho in San Mateo county. The answer denied the plaintiff’s title, and also denied the ouster, and set up an adverse possession of five years.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover about one hundred acres of land, part of the Visitación Eancho in San Mateo county. The answer denied the plaintiff’s title, and also denied the ouster, and set up an adverse possession of five years. The action was commenced January 12, 1871. The plaintiff was a corporation, and on the trial introduced in evidence a lease of the demanded premises made by it to the defendant, and signed by the defendant, dated May 2, 1870, for the term of six months, reserving a rental of one…
1Opinion of the Court
By the Court, Rhodes, J.:
Several questions of fact have been discussed by counsel which do not arise on this appeal. The only specification of the insufficiency of the evidence to sustain the decision which is to be found in the statement on new trial is the last, and it is as follows: “The evidence is insufficient to justify the decision in this, that the complaint alleges that plaintiff is owner in fee, while the evidence only shows that plaintiff had a contract to purchase the premises described in the complaint.” This point cannot be sustained, for the plaintiff produced a lease of the…
2Cases cited1 opinion
- De Peralta v. GinochioCalifornia Supreme Court · 1874
3Cited by17 opinions
- Judson v. LyfordCalifornia Supreme Court · 1890
- Lowe v. San Francisco & Northwestern Railway Co.California Supreme Court · 1908
- Horn v. ReitlerSupreme Court of Colorado · 1890
- Elmore v. ElmoreCalifornia Supreme Court · 1896
- Gill v. PeppinCalifornia Court of Appeal · 1919
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