Bernal v. Gleim
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. This was an action of ejectment to recover a tract of land in Santa Clara County. The plaintiffs count on both title and prior possession. The questions considered by this Court arise upon the possession of the plaintiffs and their predecessors of the demanded premises.
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Appeal from the District Court, Third Judicial District, Santa Clara County. This was an action of ejectment to recover a tract of land in Santa Clara County. The plaintiffs count on both title and prior possession. The questions considered by this Court arise upon the possession of the plaintiffs and their predecessors of the demanded premises. The averments of the complaint, wherein plaintiffs count on possession, 'are as follows, to wit: “And for another and separate cause of action against said defendants, plaintiffs aver that heretofore, to wit: on the 17th day of April, A. D. 1852, said…
1Opinion of the Court
By the Court, Rhodes, J. :
Some time between the years 1846 and 1849 George W. Bellamy and his wife entered upon and inclosed the land in controversy, and otherwise subjected it to their will and control. On the 27th of October, 1861, Bellamy mortgaged the land to Reid and Davis; and on the 15th of December, 1852, Bellamy and his wife united in a conveyance of the land to their children, who were then minors, but the deed was not acknowledged by the wife, as required by the Act of the 17th of April, 1850, in order to pass her separate estate. Between the 25th of October, 1851, and the 5th of…
2Cases cited8 opinions
- Wright v. MattisonSupreme Court of the United States · 1856
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Gross v. FowlerCalifornia Supreme Court · 1863
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3Cited by9 opinions
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- Wilson v. AtkinsonCalifornia Supreme Court · 1888
- Witherspoon v. BrummettNew Mexico Supreme Court · 1946
- Moore v. JeffersSupreme Court of Iowa · 1880
- Packard v. JohnsonCalifornia Supreme Court · 1884
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