Owen v. Fowler
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Solano County. The judgment in the Court below was rendered against Josiah Wing, Josiah Wing, Jr., W. P. McCord, John Clark, D. W. McCollum, and S. H. Fowler. Fowler alone appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, C. J.
This is an action of ejectment brought against a large number of defendants who, as it appears from the record, severally occupied separate and distinct portions of the general tract of land described in the complaint. The complaint was filed on the 11th day of April, A. D. 1860, but the summons was not served until the 13th day of February, A. D. 1861. The defendant filed a special answer, containing—first, the general issue, and second, a plea of the Statute of Limitations. In the latter plea the defendant admits that he is “now” in possession of a small…
2Cited by7 opinions
- Owen v. MortonCalifornia Supreme Court · 1864
- Hawkins v. ReichertCalifornia Supreme Court · 1865
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- South Park Commissioners v. GavinIllinois Supreme Court · 1891
- Frazier v. LynchCalifornia Supreme Court · 1893
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