Legal Opinion

Lawrence v. Fulton

California Supreme Court

Decided July 1, 1862PublishedCited by 19 opinions

Appeal from the Twelfth District. Ejectment for the undivided half of a tract of land containing about four acres, and alleged in the complaint to be situate in the county of San Francisco, on the Protrero Nuevo, and known as the Hall or Hatch claim, and more recently as the Fairbanks claim.

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Appeal from the Twelfth District. Ejectment for the undivided half of a tract of land containing about four acres, and alleged in the complaint to be situate in the county of San Francisco, on the Protrero Nuevo, and known as the Hall or Hatch claim, and more recently as the Fairbanks claim. Plaintiff relied upon possession, principally in Fairbanks, but also in Hatch, and conveyances from Hatch to Fairbanks, from Fairbanks to E. A. Lawrence, and from the latter to himself; and on the trial first offered his own affidavit to prove the loss of the deed from Hatch, and then introduced E. A.…

1Opinion of the CourtNorton, J.

Field, C. J. and Cope, J. concurring.

This is an action of ejectment. The plaintiff claims title under Henry Fairbanks, and on the trial offered to give parol evidence of the contents of a deed from H. A. Hatch to Fairbanks. This offer was rejected by the Court, and the plaintiff excepted. No ground of objection to this testimony is specified in the statement, but from *689the character of the testimony given in relation to the offer, it is apparent that the reason of its being rejected was that no sufficient proof was made of the loss of the deed. E. A. Lawrence, a witness for the plaintiff,…

2Cases cited1 opinion

  1. Abell v. CalderwoodCalifornia Supreme Court · 1854

3Cited by19 opinions

  1. Salazar v. ThomasCalifornia Court of Appeal · 2015
  2. People v. Southern Pacific Co.California Supreme Court · 1916
  3. Wiseman v. N. P. R. R.Oregon Supreme Court · 1891
  4. City of Durham v. WrightSupreme Court of North Carolina · 1925
  5. McKenzie v. BrandonCalifornia Supreme Court · 1886

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