Ayres v. Bensley
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco- This action was brought to quiet plaintiff’s title to a tract of land containing about ten acres, situated on what is known as the “ Potrero Nuevo,” in the City and County of San Francisco.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco- This action was brought to quiet plaintiff’s title to a tract of land containing about ten acres, situated on what is known as the “ Potrero Nuevo,” in the City and County of San Francisco. The defendants, except the City and County of San Francisco, set up in their answers that before the commencement of this action, the defendants, Compton and Bensley, as plaintiffs, commenced an action of ejectment in said Court against the plaintiff, Ayres, and others, to recover possession of the same premises…
1Opinion of the Court
By the Court, Sanderson, J.:
The demurrers to the defendants’ answers, so far as they allege the pendency of another action between the same parties for the same cause, were properly sustained. In order to render that defense available, it must appear that the causes of action and the parties (the plaintiffs at least) are the same in both actions; neither of which, in our judgment, can be affirmed of the present case, and of this a bare statement of the facts upon which the question is presented, would seem to be conclusive. This action is brought by Ayres alone against Bensley, Dumarthery,…
2Cases cited2 opinions
- Hicks v. ColemanCalifornia Supreme Court · 1864
- O'Connor v. BlakeCalifornia Supreme Court · 1865
3Cited by17 opinions
- Webber v. ClarkeCalifornia Supreme Court · 1887
- Rodney v. GibbsSupreme Court of Missouri · 1904
- Coubrough v. AdamsCalifornia Supreme Court · 1886
- Hills v. SherwoodCalifornia Supreme Court · 1874
- Donahue v. GallavanCalifornia Supreme Court · 1872
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