Littlefield v. Nichols
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, County of Contra Costa. This was an action of ejectment for three hundred and sixty acres of land, a portion of the San Pablo Rancho, in Contra Costa County.
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Appeal from the District Court of the Fifteenth Judicial District, County of Contra Costa. This was an action of ejectment for three hundred and sixty acres of land, a portion of the San Pablo Rancho, in Contra Costa County. Both parties claimed under Joaquin G. Castro, in whose name the rancho was finally confirmed by the United States on February 24th, 1858, and final survey approved August 17th, 1864. The plaintiff claimed as follows: On December 28th, 1854, Joaquin G. Castro executed a mortgage to Martina Perre of all his interest in the San Pablo Rancho, which was recorded on January…
1Opinion of the Court
By the Court, Wallace, J.:
The title formerly held by Castro is the true title to the premises in controversy. The plaintiff claims to have acquired it, and the defendant.claims that it is outstanding in a third person, who is not a party to the controversy. The title of the plaintiff relates to January, 1855, when the mortgage, through the foreclosure of which it comes, was recorded and became a lien. The outstanding title to October, 1855, when the Currey judgment against Castro, through which that title comes, also became a lien upon the premises.
The lien in which the plaintiff’s title…
2Cases cited1 opinion
- Rankin v. ScottSupreme Court of the United States · 1827
3Cited by5 opinions
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