Heirs of Nieto v. Carpenter
California Supreme Court
Appeal from the First Judicial District. This was an action of ejectment to recover the possession of a tract of land situated in the county of Los Angeles known by the name of “ Santa Gertrudis.” The case was before this Court at the April term of 1857, and is reported in 7 Cal. 527. The judgment in the lower Court was for the defendant; this Court reversed the judgment and remanded the cause for a new trial.
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Appeal from the First Judicial District. This was an action of ejectment to recover the possession of a tract of land situated in the county of Los Angeles known by the name of “ Santa Gertrudis.” The case was before this Court at the April term of 1857, and is reported in 7 Cal. 527. The judgment in the lower Court was for the defendant; this Court reversed the judgment and remanded the cause for a new trial. On the second trial, judgment was recovered by the plaintiffs, and on appeal of the defendant the case was again before the Court at the July Term, 1858. By the decision then rendered…
1Opinion of the CourtField, C. J.
Cope, J. concurring.
This case was before the Court at the April Term of 1857, and the facts upon which the decision then rendered was based are given either in the statement of the Reporter or the opinion of the Chief Justice, found in 7 Cal. 527. Some other material facts are disclosed by the record, to which no reference is made, either by counsel in their briefs, or by the Chief Justice in his opinion. The translation, too, of the documents set forth in the report is inaccurate in several particulars; and the misstatements arising from this circumstance, it is evident, had no slight effect…
2Cases cited4 opinions
- Phelan v. City & County of San FrancisoCalifornia Supreme Court · 1862
- Jackson v. ThomasNew York Supreme Court · 1819
- Riley v. HeischCalifornia Supreme Court · 1861
- Heirs v. CarpenterCalifornia Supreme Court · 1857
3Cited by10 opinions
- People v. HarveyCalifornia Court of Appeal · 1958
- Moore v. TrottCalifornia Supreme Court · 1912
- Wilson v. AtkinsonCalifornia Supreme Court · 1888
- A. Paladini, Inc. v. DurchmanCalifornia Court of Appeal · 1938
- Estate of Jessup, Superior Court of California, County of San Francisco1891
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