McManus v. O'Sullivan
California Supreme Court
Appeal from the District Court, Fourth-Judicial District, City and County of San Francisco. The City of San Francisco, as successor of the Pueblo . of that name, asserted title to four square leagues of land, and presented its claim to the Board of Land Commissioners created by the Act of Congress of March 3d, 1851. The Board confirmed the claim to a portion of the land, and rejected it for the balance.
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Appeal from the District Court, Fourth-Judicial District, City and County of San Francisco. The City of San Francisco, as successor of the Pueblo . of that name, asserted title to four square leagues of land, and presented its claim to the Board of Land Commissioners created by the Act of Congress of March 3d, 1851. The Board confirmed the claim to a portion of the land, and rejected it for the balance. The city appealed to the District Court, from which Court the case was transferred to the Circuit Court. The Circuit Court confirmed the.claim to four square leagues, and the decree was…
1Opinion of the Court
By the Court, Wallace, C. J.:
At the conclusion of the plaintiff’s proofs the defendants moved the Court for a nonsuit, but the motion was denied. One of the grounds upon which the motion was rested was “that the evidence does not show, or tend to show that the plaintiff or her ancestors, predecessors or grantors, or either of them, were seized or possessed of the premises, or any part thereof, at any time within five years next before the commencement of this action, or at any time since.” In denying the motion for a nonsuit the judge observed that it would have been granted, had it…
2Cases cited5 opinions
- Hayes v. MartinCalifornia Supreme Court · 1873
- Page v. FowlerCalifornia Supreme Court · 1865
- Page v. FowlerCalifornia Supreme Court · 1869
- Gardiner v. MillerCalifornia Supreme Court · 1874
- Hawxhurst v. LanderCalifornia Supreme Court · 1865
3Cited by23 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- Smith v. JonesTexas Supreme Court · 1910
- Allen v. McKay & Co.California Supreme Court · 1898
- Friends of the Trails v. BlasiusCalifornia Court of Appeal · 2000
- McLeran v. BentonCalifornia Supreme Court · 1887
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