Donahue v. Gallavan
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. Ejectment to recover possession of a part of block twenty-five, mentioned in the opinion. This land lies within the territory in San Francisco covered by the Van bless Ordinance.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. Ejectment to recover possession of a part of block twenty-five, mentioned in the opinion. This land lies within the territory in San Francisco covered by the Van bless Ordinance. The Court below held, that -fire rule laid down in Hicks v. Coleman, mentioned in the opinion, did not apply to land within the territory covered by the Van bless Ordinance, and that the rule had no application to city lots. The plaintiff moved for a new trial, and made the following specification on the question of…
1Opinion of the Court
By the Court,
Rhodes, J.:
The premises in controversy form a part of Mission Addition block number twenty-five, in the City of San Francisco. In 1850 or 1851 Clark, Wilson & Stock entered upon a tract of land composed of blocks twenty-five and twenty-eight, and small portions of adjacent blocks and the intervening streets, which were not then laid out, and reduced some portions thereof to their actual possession. Wilson & Stock conveyed the tract to Dehon, who entered under the deed into the actual possession of a part of the tract. The plaintiff claims under that deed. It also appears that the…
2Cases cited2 opinions
- Hicks v. ColemanCalifornia Supreme Court · 1864
- Ayres v. BensleyCalifornia Supreme Court · 1867
3Cited by14 opinions
- Webber v. ClarkeCalifornia Supreme Court · 1887
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Nord v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
- Warner v. DarrowCalifornia Supreme Court · 1891
- Emerson v. Eldorado Ditch Co.Montana Supreme Court · 1896
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