City of San Francisco v. Fulde
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This was an action of ejectment to recover possession of City Slip Lot Number Forty-three in the City of San Francisco. The complaint averred ownership in the plaintiff on the first day of October, 1862, and ouster by the defendants. Suit was commenced August 17th, 1865. The answer set up five years adverse possession.
Read the full summary
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This was an action of ejectment to recover possession of City Slip Lot Number Forty-three in the City of San Francisco. The complaint averred ownership in the plaintiff on the first day of October, 1862, and ouster by the defendants. Suit was commenced August 17th, 1865. The answer set up five years adverse possession. The lot is a part of the water front of San Francisco, The cause was tried on the 28th of August, 1867, by the the Court, sitting without a jury. It was admitted at the trial by both…
1Opinion of the Court
By the Court, Rhodes, J.:
It appears from the evidence that McDonald took possession of the lot in the latter part of the year 1858 or the beginning of 1859; that Hill, his tenant, occupied the lot from that time until his death in 1861; that thereafter McDonald conveyed the lot to Oalderwood in 1862; that at that time Callachan was in possession, but it does not appear that he entered under McDonald or Oalderwood; that Calderwood brought suit against Callachan in a Justice’s Court to recover possession; that judgment was rendered in the County Court, on appeal, for Oalderwood, and, under the…
2Cases cited7 opinions
- Arrington v. LiscomCalifornia Supreme Court · 1868
- Cannon v. StockmonCalifornia Supreme Court · 1869
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
- Doe ex dem. Clinton v. CampbellNew York Supreme Court · 1813
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Unger v. MooneyCalifornia Supreme Court · 1883
- Alhambra Addition Water Co. v. RichardsonCalifornia Supreme Court · 1887
- Sorensen v. CostaCalifornia Supreme Court · 1948
- Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
- Sherin v. BrackettSupreme Court of Minnesota · 1886
9 more not listed; retrieve them via the Exa API.