Legal Opinion

Bagley v. Ward

California Supreme Court

Decided July 1, 1869PublishedCited by 60 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action of ejectment to recover possession of an undivided half of One Hundred Vara Lot Number Two Hundred and Fifty-three, in the City and County of San Francisco.

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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action of ejectment to recover possession of an undivided half of One Hundred Vara Lot Number Two Hundred and Fifty-three, in the City and County of San Francisco. The complaint was filed April 10th, 1860. The attorneys of the respective parties signed and filed the following stipulation: “For the purpose of this action it is agreed: That on the 5th day of November, 1855, Sanders & Brenham owned and possessed one equal undivided half of Hundred Vara Lot Humber Two Hundred and Fifty-three.…

1Opinion of the Court

By the Court, Rhodes, J.:

The plaintiff claims title through the judgment of Martin v. Sanders & Brenham, rendered November 22d, 1865, and the defendant through the judgment of Massett v. Sanders & Brenham, rendered November 19th, 1855. There are other judgments involved in the case, but the two mentioned present all the material questions. It was stipulated that the “ sole issue to be tried herein is, which party succeeded to the title of Sanders & Brenham.”- An attachment was issued in the Martin case, which was levied on the property in question November 6th, 1855. An attachment was also…

2Cases cited12 opinions

  1. Pettit v. ShepherdNew York Court of Chancery · 1835
  2. Catlin v. Jackson ex dem. GratzCourt for the Trial of Impeachments and Correction of Errors · 1811
  3. Moss v. ShearCalifornia Supreme Court · 1866
  4. Isaac v. SwiftCalifornia Supreme Court · 1858
  5. People Ex Rel. Post v. RansomNew York Court of Appeals · 1949

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3Cited by60 opinions

  1. Brown v. BrownCalifornia Supreme Court · 1915
  2. Anderson v. GoffCalifornia Supreme Court · 1887
  3. Summerville v. Stockton Milling Co.California Supreme Court · 1904
  4. Miller v. Bank of America, N. T. & S. A.Court of Appeals for the Ninth Circuit · 1948
  5. Porter v. PicoCalifornia Supreme Court · 1880

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