Gordon v. Searing
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. Gordon sued in the Court below in ejectment for the possession of certain premises in the city of San Francisco, and relied, on the trial thereof, upon a grant made by T. M. Leavenworth, on the twenty-third of December, 1848, to one George E. Emmons, from whom he derived his title by a series of mesne conveyances.
Read the full summary
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. Gordon sued in the Court below in ejectment for the possession of certain premises in the city of San Francisco, and relied, on the trial thereof, upon a grant made by T. M. Leavenworth, on the twenty-third of December, 1848, to one George E. Emmons, from whom he derived his title by a series of mesne conveyances. The original grant was not produced ,• but as a predicate for the admission of a certified copy of the grant, the plaintiff himself was sworn, who testified that he had inquired of all…
1Opinion of the Court
Murray C. J., delivered the opinion of the Court—Burnett, J., concurring.
The appellant contends that the Court below erred in admitting secondary evidence of the contents of a deed, and that the loss or absence of the original was not sufficiently accounted for. The plaintiff traced the paper to the hands of a person not in the State. This has always been held a sufficient predicate for the admission of secondary evidence, .because the party in whose possession the paper is supposed to be, or was last seen, being beyond the jurisdiction of the Court, it has no power to compel his attendance,…
2Cited by5 opinions
- Zellerbach v. AllenbergCalifornia Supreme Court · 1893
- Vogel v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Wiseman v. N. P. R. R.Oregon Supreme Court · 1891
- Bagley v. EatonCalifornia Supreme Court · 1858
- Nelson v. GoughMontana Supreme Court · 1921