Gillespie v. Jones
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The action was ejectment for a strip of land fronting two feet and eight inches on Kearny street, with a depth of sixty-six feet and six inches, and a rear breadth of three feet six and one half inches, claimed as a portion of fifty-vara lot No. 383. The complaint, which was filed in January, 1870, avers that from the second day of April, 1856, until the twenty-third day of…
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The action was ejectment for a strip of land fronting two feet and eight inches on Kearny street, with a depth of sixty-six feet and six inches, and a rear breadth of three feet six and one half inches, claimed as a portion of fifty-vara lot No. 383. The complaint, which was filed in January, 1870, avers that from the second day of April, 1856, until the twenty-third day of February, 1869, the plaintiff’s grantor, Washburn, “was in the actual possession ” of the demanded premises; that on the…
1Opinion of the Court
By the Court, Niles, J.:
1. It is urged by the appellant that the plaintiff did not aver in his complaint the adverse possession of the demanded premises, by himself or his grantor, for the period of five years prior to the commencement of the suit. But the plaintiff’s ownership in fee and right to the possession of the land at the date of the commencement of the suit is averred, and under this he might prove any facts which would entitle him to possession at that time. The averment that the plaintiff’s grantor had been in possession for more than five years was superfluous, and it cannot be…
2Cited by18 opinions
- Kafka v. BozioCalifornia Supreme Court · 1923
- Montecito Valley Water Co. v. City of Santa BarbaraCalifornia Supreme Court · 1904
- Brooks v. San Francisco & North Pacific Railway Co.California Supreme Court · 1895
- Bentley v. HurlburtCalifornia Supreme Court · 1908
- Jones v. PeckCalifornia Court of Appeal · 1923
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