Kidd v. Teeple
California Supreme Court
Appeal from the Fourteenth Judicial District. This was an action of ejectment, brought by Gr. W. Kidd against D. 0. Teeple and others, to recover a water ditch, known as “ Omega Water Ditch,” in Nevada County. The complaint alleged title and right of possession in plaintiff, at and prior to May 29th, 1861, and an entry and ouster by defendants on that day.
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Appeal from the Fourteenth Judicial District. This was an action of ejectment, brought by Gr. W. Kidd against D. 0. Teeple and others, to recover a water ditch, known as “ Omega Water Ditch,” in Nevada County. The complaint alleged title and right of possession in plaintiff, at and prior to May 29th, 1861, and an entry and ouster by defendants on that day. The answer admits the possession of the defendants, and, after a qualified denial of plaintiff’s title, avers that in October, 1858, the Omega Water Ditch Company were the owners of the ditch described in the complaint, and at that time…
1Opinion of the CourtNorton, J.
By operation of Sec. 260 of the Civil Practice Act, and it may be said also of some other sections of that act, and certain sections *262of the act concerning conveyances (Secs. 1, 24, 36-40) and of several decisions of this Court (McMillan v. Richards, 9 Cal. 365; Johnson v. Sherman, 15 Id. 287; Fogarty v. Sawyer, 17 Id. 589), a mortgage of real estate does not in this State confer the right to the possession of the mortgaged property, except as the result of a foreclosure and sale. The defendants’ mortgage, has not been foreclosed. The mortgage has no special provision authorizing possession to…
2Cases cited1 opinion
- McMillan v. RichardsCalifornia Supreme Court · 1858
3Cited by2 opinions
- Spencer v. DuncanCalifornia Supreme Court · 1895
- Stanley v. McElrathCalifornia Supreme Court · 1889