Kyburg v. Perkins
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. This was an action of ejectment to recover possession of a lot in San Francisco, known as fifty vara lot No. 251. The plaintiff claimed title under an alleged alcalde grant to plaintiff. The defendant claimed title under an alcalde grant for the same lot, to J. S. Ruckle, and mesne conveyances from Ruckle to defendant.
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Appeal from the District Court of the Twelfth Judicial District. This was an action of ejectment to recover possession of a lot in San Francisco, known as fifty vara lot No. 251. The plaintiff claimed title under an alleged alcalde grant to plaintiff. The defendant claimed title under an alcalde grant for the same lot, to J. S. Ruckle, and mesne conveyances from Ruckle to defendant. On the trial the defendant introduced in evidence the book of accounts of the alcalde, for the purpose of proving that the grant to plaintiff had never been called for or issued, although prepared. Defendant…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Terry.
Mr. Chief Justice Murray concurred.
There was no error in admitting in evidence the book of accounts kept in the office of the alcalde. It was a register of acts done by the officer, kept by his direction, and was handed over by each alcalde to his successor as belonging to the office.
*676To entitle a book to the character of an official register, it is not necessary that it be required by an express statute to be kept, nor that the nature of the office should render the book indispensable; it is sufficient that it be directed by the…
2Cited by10 opinions
- Harrison v. ColganCalifornia Supreme Court · 1905
- Coldwell v. Board of Public WorksCalifornia Supreme Court · 1921
- State ex rel. McClory v. DonovanNorth Dakota Supreme Court · 1901
- Robison v. FishbackIndiana Supreme Court · 1911
- Bader v. StateIndiana Supreme Court · 1911
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