Payne & Dewey v. Treadwell
California Supreme Court
Appeal from the Twelfth District. Ejectment for a lot in San Francisco. Plaintiffs had verdict and judgment, with $2,250 damages.
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Appeal from the Twelfth District. Ejectment for a lot in San Francisco. Plaintiffs had verdict and judgment, with $2,250 damages. On the trial, defendants produced the record and proceedings in the equity case of Treadwell v. Payne & Dewey, (15 Cal.) containing a statement on motion for new trial, and on appeal, agreed to as correct by the attorneys of the respective parties, and purporting to contain all the evidence in that cause, and offered to read in evidence therefrom the testimony of Findla—the original grantee of the lot in suit—to show that he had sworn on that trial to certain facts…
1Opinion of the CourtBaldwin, J.
This was suit to recover a lot in San Francisco, the plaintiff deraigning title through a grant made by an Alcalde after the conquest or possession by the authorities of the United States. The defendants questioned the validity of this grant. We considered this question in the recent case of Hart v. Burnett. We held in that case: “ First, that San Francisco was, at the date of the conquest and cession of California, and long prior to that time, a pueblo, entitled to and possessing all the rights which the law conferred upon such municipal corporations. Second, that such pueblos had a certain…
2Cases cited16 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- United States v. PerchemanSupreme Court of the United States · 1833
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Watson v. MercerSupreme Court of the United States · 1834
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3Cited by99 opinions
- People v. California Fish Co.California Supreme Court · 1913
- City of San Francisco v. CanavanCalifornia Supreme Court · 1872
- Thorp v. RandazzoCalifornia Supreme Court · 1953
- State ex rel. Rosenstock v. SwiftNevada Supreme Court · 1876
- Caperton v. SchmidtCalifornia Supreme Court · 1864
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