Foot v. Murphy
California Supreme Court
Appeal from a judgment on the Superior Court of San Benito County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
This is an action of ejectment brought by Joseph Foot, as the administrator of José Ignacio Roze, deceased, against A. S. Murphy, to recover possession of certain lands of the decedent’s estate.
The plaintiff obtained judgment for the recovery of the premises, one dollar damages, and the costs of the *105action; from that, and an order denying him a new trial, the defendant has appealed.
Neither party to the action claimed or showed any paper title to the premises, but the plaintiff relied upon the right of prior possession, from which he claimed to have been unlawfully ousted by the…
2Cases cited2 opinions
- Bird v. LisbrosCalifornia Supreme Court · 1858
- Sheldon v. MullCalifornia Supreme Court · 1885
3Cited by5 opinions
- Savings & Loan Society v. BurnettCalifornia Supreme Court · 1895
- Adams v. HopkinsCalifornia Supreme Court · 1904
- Leonard v. FlynnCalifornia Supreme Court · 1891
- Jessen v. Peterson, Nelson & Co.California Court of Appeal · 1912
- Dondero v. O'HaraCalifornia Court of Appeal · 1906