Cadiz v. Majors
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Cruz County. This was an action to recover possession of a part of the Rancho del Refugio, in Santa Cruz County. The complaint was in the usual form in ejectment, and the answer of defendant Pace was a general denial, except as to his possession of a portion described of the demanded premises, of which he alleged that he, at the commencement of the action and then, was seized in fee.
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Appeal from the District Court, Third Judicial District, Santa Cruz County. This was an action to recover possession of a part of the Rancho del Refugio, in Santa Cruz County. The complaint was in the usual form in ejectment, and the answer of defendant Pace was a general denial, except as to his possession of a portion described of the demanded premises, of which he alleged that he, at the commencement of the action and then, was seized in fee. The cause was tried before the Court without a jury, and judgment rendered for plaintiff; from which judgment and an order of the Court denying his…
1Opinion of the Court
By the Court, Sanderson, J. :
Both parties claim title from Ignacio Castro. The plaintiff by deed from Castro to Plongeon, November 14, 1857 ; by deed from Plongeon to Anderson, January 11, 1859; from Anderson to Temple, July 18,1859, and from Temple *289to herself September 13, 1861. The defendant claims by deed from Castro to Dunlap, December 29, 1855, and from Dunlap to himself, November 8, 1864.
The case shows that Castro first acquired title by deed from Header, dated September 3, 1856; so at the time he conveyed to Dunlap (December 29, 1855) he had no title; but he had acquired the title…
2Cases cited1 opinion
- Gee v. MooreCalifornia Supreme Court · 1859
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- Gress v. EvansSupreme Court Of The Territory Of Dakota · 1877
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