Baker v. Clark
California Supreme Court
The facts are stated in the opinion of the court. Gavin McEab, J. F. Rooney, and James L. Robison, for Appellant. The situation of the parties and the surrounding circum-. stances were properly to be considered in construing the grant, and so construed it shows that less than a fee simple estate was intended.
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The facts are stated in the opinion of the court. Gavin McEab, J. F. Rooney, and James L. Robison, for Appellant. The situation of the parties and the surrounding circum-. stances were properly to be considered in construing the grant, and so construed it shows that less than a fee simple estate was intended. (Pellissier v. Corker, 103 Cal. 516; Barnett v. Barnett, 104 Cal. 299, 300; Hall v. Shotwell, 66 Cal. 380.) A grantor may acquire a prescriptive title by adverse possession as against the grantee. (Lord v. Sawyer, 57 Cal. 65; Dorland v. Magilton, 47 Cal. 486, 487; Franklin v. Dorland, 28…
1Opinion of the CourtVak Dyke, J.
Action to quiet title; the complaint is in the usual form. The defendant Clark disclaims any interest, but alleges that on the 27th of August, 1887, the plaintiff then being the owner, for a valuable consideration, conveyed to him, Clark, the premises in controversy; and that on the twenty-first day of April, 1897, he, Clark, conveyed the same to the other defendants, Carter and Mathewson. In their separate answer Carter and Mathewson, after denying the ownership and possession of the plaintiff, admit that they claim an interest in the premises, and that such claim is based upon a deed from…
2Cases cited6 opinions
- Arrington v. LiscomCalifornia Supreme Court · 1868
- McGovern v. MowryCalifornia Supreme Court · 1891
- Lord v. SawyerCalifornia Supreme Court · 1880
- Garabaldi v. ShattuckCalifornia Supreme Court · 1886
- McCormack v. SilsbyCalifornia Supreme Court · 1889
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3Cited by6 opinions
- Janke v. McMahonCalifornia Court of Appeal · 1913
- Merritt v. ReyCalifornia Court of Appeal · 1930
- Hodgkins v. People's Water Co.California Supreme Court · 1918
- Whiteman v. City of San DiegoCalifornia Supreme Court · 1920
- Crittenden v. DornCourt of Appeals for the Ninth Circuit · 1921
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