Cannon v. Stockmon
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Solano County. This was an action to recover two undivided one third parts of west half of Lot Five, Block Nine, Suisun City, Solano County. The complaint averred seizin and possession in the plaintiff on October 10th, 1862, and ouster by defendant on the same day. There was also an averment that plaintiff demanded to be let into possession on the same day.
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Appeal from the District Court, Seventh Judicial District, Solano County. This was an action to recover two undivided one third parts of west half of Lot Five, Block Nine, Suisun City, Solano County. The complaint averred seizin and possession in the plaintiff on October 10th, 1862, and ouster by defendant on the same day. There was also an averment that plaintiff demanded to be let into possession on the same day. Suit was commenced July 21st, 1866. The plaintiff relied on a patent from the State of California to John W. Owen, dated November 24th, 1855, and a deed from Owen to himself, dated…
1Opinion of the Court
By the Court, Sawyer, C. J. :
This is an action to recover land. The answer sets up the Statute of Limitations as one defense. It appeared that, after defendant and his grantors had been in possession for several years, a conveyance was taken from parties claiming title. The Court gave several instructions, at the request of plaintiff, and among them instructions to the effect that, to maintain the defense, it was necessary for the defendant to show that he had been in the continued exclusive possession for five years next preceding the commencement of the suit under a claim of title; that…
2Cases cited8 opinions
- Arrington v. LiscomCalifornia Supreme Court · 1868
- Alexander and Other v. PendletonSupreme Court of the United States · 1814
- Jackson ex dem. Gee v. OltzNew York Supreme Court · 1832
- Jackson ex dem. Wright v. DieffendorfNew York Supreme Court · 1808
- Chiles v. JonesCourt of Appeals of Kentucky · 1836
3 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Akley v. BassettCalifornia Supreme Court · 1922
- Unger v. MooneyCalifornia Supreme Court · 1883
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- Webber v. ClarkeCalifornia Supreme Court · 1887
- Woodruff v. North Bloomfield Gravel Mining Co.United States Circuit Court · 1884
46 more not listed; retrieve them via the Exa API.