Legal Opinion

Tewksbury v. O'Connell

California Supreme Court

Decided July 1, 1862PublishedCited by 19 opinions

Appeal from the Seventh Judicial District. The agreement of partition upon the validity of which the decision is placed commences as follows: “ This agreement of partition and release, made this fourteenth day of July, A. D. 1856, between John H. Saunders, H. P. Hepburn, and Eugene Musson, of the city of San Francisco, in the State of California, of the first part; “ Martina Castro de Alvarado and Juan B. Alvarado, her husband, David Goodale and Henry Benson, of Contra Costa…

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Appeal from the Seventh Judicial District. The agreement of partition upon the validity of which the decision is placed commences as follows: “ This agreement of partition and release, made this fourteenth day of July, A. D. 1856, between John H. Saunders, H. P. Hepburn, and Eugene Musson, of the city of San Francisco, in the State of California, of the first part; “ Martina Castro de Alvarado and Juan B. Alvarado, her husband, David Goodale and Henry Benson, of Contra Costa County, of the second part; “Antonio Castro, José Ramon Castro, John Provizzo, John Davis, Mancilla B. Bradley, by his…

1Opinion of the CourtNorton, J.

Field, C. J. and Cope, J. concurring.

*67This is an action of ejectment, brought to recover certain premises which are a part of a tract of land called the San Pablo Rancho. The defendant claims to be the owner of the undivided one-twenty-fourth part of the rancho. After setting up this title and denying the plaintiff’s asserted title, the defendant for a second answer sets up, as an equitable defense, that the plaintiff claims title in severalty to the demanded premises under and by virtue of a certain agreement for a partition of the San Pablo Rancho, and which agreement and the proceedings…

2Cited by19 opinions

  1. Emeric v. AlvaradoCalifornia Supreme Court · 1884
  2. Sheehy v. ScottSupreme Court of Iowa · 1905
  3. Peterson Development Co. v. Torrey Pines BankCalifornia Court of Appeal · 1991
  4. American Aeronautics Corp. v. Grand Central Aircraft Co.California Court of Appeal · 1957
  5. Morrill v. Tehama Consolidated Mill & Mining Co.Nevada Supreme Court · 1875

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