Tyrrell v. Baldwin
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Action to quiet title to a lot in the city and county of San Francisco, situated within the limits defined in the Van Hess Ordinance.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Action to quiet title to a lot in the city and county of San Francisco, situated within the limits defined in the Van Hess Ordinance. On January 1, 1855, one J. T. Baxter was in the actual possession and occupancy of the land, claiming to own the same, and remained in possession thereof until September 16, 1862, when he sold and delivered the possession to Sarah McDonald, wife of Charles McDonald. The McDonalds entered and remained in possession until August 13, 1867,…
1Opinion of the CourtSharpstein, J.
The judgment in McLeran v. McNamara on its face purports to be a judgment against plaintiff’s grantors, Sarah and Charles McDonald, and if they were parties to that action, such judgment was properly admitted in evidence in this case.
The McDonalds were not named in the complaint filed in McLeran v. McNamara, nor does it appear that the summons in that action was served on either of them by any name. Mor was the complaint amended by inserting either of their names. Mo order of court granting either of them leave to appear in or to defend the action, or to file an answer therein, is found in…
2Cases cited5 opinions
- Judson v. LoveCalifornia Supreme Court · 1868
- de McKinlay v. TuttleCalifornia Supreme Court · 1872
- McCreery v. EverdingCalifornia Supreme Court · 1872
- Ewald v. CorbettCalifornia Supreme Court · 1867
- Campbell v. AdamsCalifornia Supreme Court · 1875
3Cited by25 opinions
- Winslow v. Harold G. Ferguson Corp.California Supreme Court · 1944
- Fireman's Fund Insurance v. Sparks Construction, Inc.California Court of Appeal · 2004
- Farmers & Merchants National Bank v. PetersonCalifornia Supreme Court · 1936
- Crouch v. H. L. Miller & Co.California Supreme Court · 1915
- State v. KingWest Virginia Supreme Court · 1908
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