Aurrecoechea v. Sinclair
California Supreme Court
Appeal from a judgment for the defendant in the Third District Court of the County -of Alameda. The judgment was on demurrer to the complaint, which was as follows: The plaintiff, Jose Aurrecoechea, for cause of action against the above-named defendants, avers and shows to said Court the following facts, to wit: I. That the plaintiff is ignorant of the names of certain defendants herein, and has designated such defendants by the names of John Doe and Richard Roe.
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Appeal from a judgment for the defendant in the Third District Court of the County -of Alameda. The judgment was on demurrer to the complaint, which was as follows: The plaintiff, Jose Aurrecoechea, for cause of action against the above-named defendants, avers and shows to said Court the following facts, to wit: I. That the plaintiff is ignorant of the names of certain defendants herein, and has designated such defendants by the names of John Doe and Richard Roe. That heretofore, to wit, in the year 1863, the State of California, by its proper officer, to wit, the State Locating Agent, and in…
1Opinion of the Court
McKee, J.:
By the complaint in this case, the plaintiff seeks to charge the defendant as trustee of the legal title to a tract of land in Alameda County, known and described as the north half of the southeast quarter of section seven, township three south, range three west, Mount Diablo meridian. A demurrer to the complaint was sustained by the Court below, the plaintiff declined to amend, and, final judgment having been entered against him, he appeals.
Originally, as it appears from the complaint, the land formed a part of several leagues of land embraced within the exterior boundaries of a…
2Cases cited9 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Secretary v. McGarrahanSupreme Court of the United States · 1870
- Sherman v. BuickSupreme Court of the United States · 1876
- Garland v. WynnSupreme Court of the United States · 1857
- Toland v. MandellCalifornia Supreme Court · 1869
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3Cited by13 opinions
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- Buckley v. HoweCalifornia Supreme Court · 1890
- Callahan v. BroderickCalifornia Supreme Court · 1899
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- Burlingame v. TraegerCalifornia Court of Appeal · 1929
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