Walsh v. Hill
California Supreme Court
Appeal from the District Court of the Third Judicial District, Alameda County. This was an action of ejectment for a tract of about twenty acres of land, on what is known as the “ Potrero Nuevo,” in the City and County of San Francisco. It was originally commenced in the Twelfth District Court, but was afterward, on account of the disqualification of the San Francisco Judges to try Potrero cases, transferred to the Third District Court of Alameda County.
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Appeal from the District Court of the Third Judicial District, Alameda County. This was an action of ejectment for a tract of about twenty acres of land, on what is known as the “ Potrero Nuevo,” in the City and County of San Francisco. It was originally commenced in the Twelfth District Court, but was afterward, on account of the disqualification of the San Francisco Judges to try Potrero cases, transferred to the Third District Court of Alameda County. There having been findings and judgment for plaintiff, and motion for new trial overruled, defendants Shelby, Burson, and Fraser appealed.…
1Opinion of the Court
By the Court, Sprague, J.:
On the former appeal of this case (38 Cal. 481), two points were settled: First—That the deed from Crowell to Mason, Bensley, and Himrod, of 15th December, 1853, embraced the land in controversy. Second—That neither plaintiff nor those through whom he derives title, prior to the commencement of this suit, as shown by the evidence on the former trial, ever had constructive possession of any portion of the demanded premises. The question of actual possession in plaintiff or his grantors, beyond the half acre leased by Mason to Garagnon in 1861, was not passed upon by…
2Cases cited2 opinions
- Walsh v. HillCalifornia Supreme Court · 1869
- Borel v. RollinsCalifornia Supreme Court · 1866
3Cited by3 opinions
- Hamilton v. FluornoyOregon Supreme Court · 1903
- Cory v. Santa Ynez Land & Improvement Co.California Supreme Court · 1907
- Hibberd v. McCoskerCalifornia Court of Appeal · 1921