Morrison v. Wilson
California Supreme Court
Appeal from, the Twelfth District. Ejectment for a. lot in San Francisco. Complaint, among other things, avers that defendants entered under one Ford, and not otherwise; and, that plaintiff holds a title deraigned from Ford under mortgage sale. Defendant, Wilson, claims no interest in the lot except such as results from the possession by his wife; denies the title and possession of Ford, and sets np title in 1ns wife.
Read the full summary
Appeal from, the Twelfth District. Ejectment for a. lot in San Francisco. Complaint, among other things, avers that defendants entered under one Ford, and not otherwise; and, that plaintiff holds a title deraigned from Ford under mortgage sale. Defendant, Wilson, claims no interest in the lot except such as results from the possession by his wife; denies the title and possession of Ford, and sets np title in 1ns wife. Mrs. Wilson denies the exclusive possession of Ford, as averred in the complaint, or that she entered under him, or that there was any consideration for the mortgage from Ford…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
We understand the merits of this controversy to depend upon this state of facts: One Ford obtained a deed for the lot in dispute, from Hitchcock and Yan Winkle, who had no title, but claimed under a Colton grant. Ford bought for Mrs. Wilson, though the title was taken in the name of Ford for her, and at her instance. Hearly contemporaneously, Ford executed to Mrs. "Wilson an agreement to convey to her, as her separate property, this lot, on the payment of three hundred dollars, which sum there was evidence to show she paid, and the money was advanced as a gift to her…
2Cases cited4 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- The Bank of the United States v. Elizabeth LeeSupreme Court of the United States · 1839
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Commonwealth v. CoeSupreme Court of Virginia · 1838
3Cited by26 opinions
- Love v. WatkinsCalifornia Supreme Court · 1871
- Follette v. Pacific Light & Power Corp.California Supreme Court · 1922
- Hall v. WeatherfordArizona Supreme Court · 1927
- Galbraith v. LunsfordTennessee Supreme Court · 1888
- Flickinger v. ShawCalifornia Supreme Court · 1890
21 more not listed; retrieve them via the Exa API.