Goodenow v. Ewer
California Supreme Court
Appeal from, the Fifteenth District. Action for the sale, as on partition, of a certain lot in Oroville, with a building thereon—known as the “ Metropolitan Theater property ”— held by the parties as tenants in common, and for an accounting from defendant, Ewer, who is in possession. Plaintiffs claim, as owners of half the property, by virtue of a Sheriff’s deed to them, as stated in the opinion.
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Appeal from, the Fifteenth District. Action for the sale, as on partition, of a certain lot in Oroville, with a building thereon—known as the “ Metropolitan Theater property ”— held by the parties as tenants in common, and for an accounting from defendant, Ewer, who is in possession. Plaintiffs claim, as owners of half the property, by virtue of a Sheriff’s deed to them, as stated in the opinion. Ewer was in possession, receiving rents, from and after the Sheriff’s sale under the decree of foreclosure of mortgage to plaintiffs. The complaint of plaintiffs states that the reason of not making…
1Opinion of the CourtField, C. J.
Baldwin, J. and Cope, J. concurring.
This is a suit for the sale of real property held by different parties as tenants in common, a partition being impossible without prejudice to the owners, and for an accounting from the tenant in possession. The material facts disclosed by the record are briefly as follows: On the first of May, 1857, Downer and Morris were the owners, each of an undivided one-half, of certain premises situated in the county of Butte. On that day, Downer executed a mortgage upon his undivided half to the plaintiffs, to secure the payment of his promissory note to them of…
2Cases cited7 opinions
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3Cited by68 opinions
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