Plume v. Seward
California Supreme Court
Appeal from the Fifth Judicial District. The facts of the case sufficiently appear in the opinioh of the Court, 1st. Prior possession is sufficient evidence of title upon which to recover in ejectment. (10 Johns. 355, 357; 4 lb. 205, 212; 9 Wend. 223; 15 lb. 175; 2 Hill, 341; 8 Carr. & P. 536.) 2d. Possession is a question of fact, and should have been submitted to the jury; the nonsuit was improper. (1 Wend. 376; 8 Mass. 336; Pr.
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Appeal from the Fifth Judicial District. The facts of the case sufficiently appear in the opinioh of the Court, 1st. Prior possession is sufficient evidence of title upon which to recover in ejectment. (10 Johns. 355, 357; 4 lb. 205, 212; 9 Wend. 223; 15 lb. 175; 2 Hill, 341; 8 Carr. & P. 536.) 2d. Possession is a question of fact, and should have been submitted to the jury; the nonsuit was improper. (1 Wend. 376; 8 Mass. 336; Pr. Act, § 148.) 1st. Actual possession of wild land must be shown, if recovery is sought upon prior possession alone. ( 9 Monroe, 82; 4 Bibb, 564.) 2d. The possession…
1Opinion of the Court
Mr. Ch. J. Murray
delivered the opinion of the Court.
Mr. J. Heydeneeldt concurred.
This was an action of ejectment to recover a lot in the City of Marysville. On the trial of the cause, the plaintiff proved that Covillaud and others, from whom he claimed, were in the year 1849 in possession of a tract of land, lying between the Tuba river and a slough, which was inclosed by a ditch on each side, running from the river to the slough; and had within said inclosure a trading post, a corral and a wheat field. The lot in dispute was not a portion of the wheat field or corral, but was included in the…
2Cited by6 opinions
- Sankey v. NoyesNevada Supreme Court · 1865
- Hart v. All Persons, Etc.California Court of Appeal · 1915
- Wolf v. BaldwinCalifornia Supreme Court · 1861
- Hyndman v. StoweUtah Supreme Court · 1893
- Murphy v. WallingfordCalifornia Supreme Court · 1856
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