Legal Opinion

Burke v. McCowen

California Supreme Court

Decided December 31, 1896No. S. F. No. 302PublishedCited by 8 opinions

Appeal from a judgment of the Superior Court of Mendocino County and from an order denying a new trial. R. McGarvey, Judge. The facts are stated in the opinion.

1Opinion of the Court

Haynes, C.

This is an action in ejectment. The-cause was tried by the court without a jury, and findings and judgment were in favor of the defendant. The plaintiff appeals from the judgment, and an order denying a new trial.

Thp plaintiff owns lots 2 and 8 in block P of Ukiah North Addition, and the defendant owns lots 1 and 10 adjoining plaintiff’s lots on the south. The only question of fact was as to the location of the line dividing the lots of the respective parties, the plaintiff claiming that the defendant was in possession of ten feet belonging to his lots.

*483Both parties claim under…

2Cases cited4 opinions

  1. Jackson ex dem. Livingston v. FreerNew York Supreme Court · 1819
  2. Whiting v. GardnerCalifornia Supreme Court · 1889
  3. Jackson v. ColeNew York Supreme Court · 1819
  4. Banker v. CaldwellSupreme Court of Minnesota · 1859

3Cited by8 opinions

  1. Olson v. City of SeattleWashington Supreme Court · 1903
  2. Hudson Township v. SmithIndiana Supreme Court · 1914
  3. Arnold v. HansonCalifornia Court of Appeal · 1949
  4. Kane v. StateSupreme Court of Minnesota · 1952
  5. Tomlinson v. GoldenSupreme Court of Iowa · 1912

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