Gage v. Downey
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County, and from an order denying a new trial. The record did not contain the notice of motion for new trial, nor did the statement embody or refer to the notice, and a motion to dismiss the appeal was made upon this ground.
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Appeal from a judgment of the Superior Court of San Diego County, and from an order denying a new trial. The record did not contain the notice of motion for new trial, nor did the statement embody or refer to the notice, and a motion to dismiss the appeal was made upon this ground. The findings as to adverse possession were as follows: “That the defendants and their grantors have at all times for more than sixteen years last past been in the actual, peaceable, open, and notorious possession of all of said property, claiming the same by absolute title in fee as against all and every of the…
1Opinion of the CourtThornton, J.
—The motion to dismiss the appeals herein is denied on the authority of Pico v. Cohn, 78 Cal. 384.)
*144The plaintiffs in this cause are Henry T. Gage and Cornelia Rains de Foley, and the defendants are John G. Downey and the Merchants’ Exchange Bank of San Francisco.
The action is ejectment to recover possession of an undivided one half of a tract of land situate in San Diego County, known as the rancho Valle de San José, for which a patent was issued by the United States on the 10th of January, 1880, to Sylvestre de la Portilla, and also an undivided twelve twenty-fifths of a tract of land…
2Cases cited4 opinions
- People ex rel. Carrillo v. De la GuerraCalifornia Supreme Court · 1864
- Pico v. CohnCalifornia Supreme Court · 1889
- Livermore v. BrundageCalifornia Supreme Court · 1883
- People v. McGarveyCalifornia Supreme Court · 1880
3Cited by6 opinions
- Brownrigg v. DefreesCalifornia Supreme Court · 1925
- Kahn v. WilsonCalifornia Supreme Court · 1898
- Seaton Mountain Electric Light, Heat & Power Co. v. Idaho Springs Investment Co.Supreme Court of Colorado · 1910
- Ex parte WhitmoreUtah Supreme Court · 1894
- Gage v. DowneyCalifornia Supreme Court · 1892
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