Franklin v. Merida
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This was an action of ejectment, commenced March 10th, 1865, to recover a tract of land in the City and County of San Francisco.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This was an action of ejectment, commenced March 10th, 1865, to recover a tract of land in the City and County of San Francisco. The plaintiff counted upon title in fee in him, and an ouster by the defendants, which was alleged to have been made November -21st, 1864. The answer put in issue all the averments of the complaint, except the possession of the defendants, which was justified, and in addition pleaded the Statute of Limitations in bar. The trial was before the Court with a jury, at which the…
1Opinion of the Court
By the Court, Sanderson, J.:
In Tewksbury v. Magraff, 33 Cal. 237, we had occasion to consider the principal question involved in this case. In that case, among the exceptions to the general rule that a tenant cannot dispute his landlord’s title, we classed the case where the tenant did not enter into possession under the landlord’s title, but was in possession at the time he took the lease; and in support of that proposition we argued in effect that the law does not favor estoppels, for their effect is to prevent the party against whom they are invoked from proving the truth of the matter, to…
2Cases cited4 opinions
- Tewksbury v. MagraffCalifornia Supreme Court · 1867
- Ingraham v. . BaldwinNew York Court of Appeals · 1853
- Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
- Jackson ex dem. Brown v. AyersNew York Supreme Court · 1817
3Cited by33 opinions
- Wheaton v. North British and Merchantile InsuranceCalifornia Supreme Court · 1888
- Anfenson v. BanksSupreme Court of Iowa · 1917
- Voss v. KingWest Virginia Supreme Court · 1889
- Tyler v. DavisTexas Supreme Court · 1884
- Cohen v. Metropolitan Life Insurance Co.California Court of Appeal · 1939
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