McDonald v. McElroy
California Supreme Court
Appeal from a judgment for defendants in the Nineteenth District Court, City and County of San Francisco. Wheelee, J: Besides the allegations referred to in the opinion, the complaint alleged that, at the time of the conveyance to the plaintiff and from thence up to the time of his death, McElroy owned in severalty a tract of land lying between the parcels sold and conveyed to the plaintiff and the larger tract fronting on Mission and Tenth streets in which he had an…
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Appeal from a judgment for defendants in the Nineteenth District Court, City and County of San Francisco. Wheelee, J: Besides the allegations referred to in the opinion, the complaint alleged that, at the time of the conveyance to the plaintiff and from thence up to the time of his death, McElroy owned in severalty a tract of land lying between the parcels sold and conveyed to the plaintiff and the larger tract fronting on Mission and Tenth streets in which he had an undivided interest, which parcel so owned in severalty extended northerly from the land conveyed to Mission street; and that…
1Opinion of the Court
The Court:
We are satisfied with the views expressed when the case was considered by Department One, and adopt the opinion delivered by the Department as the opinion of the Court in Bank. The case of Taylor v. Warnaky, 55 Cal. 350, cited by appellant, does not apply. James McElroy was only the owner of an undivided sixth of the land over which the right of way is claimed, at the time of his conveyance to the plaintiff, nor did the entire estate ever vest in him or his heirs.
Judgment affirmed.
The following is the decision of Department One referred to:
McKinstry, J.:
The complaint alleges that,…
2Cases cited2 opinions
- Taylor v. WarnakyCalifornia Supreme Court · 1880
- Hartman v. LeeIndiana Supreme Court · 1868
3Cited by4 opinions
- Maynard v. PolhemusCalifornia Supreme Court · 1887
- Kaliterna v. WrightCalifornia Court of Appeal · 1949
- Lesser v. PominCalifornia Court of Appeal · 1934
- Gray v. MageeCalifornia Court of Appeal · 1930