Clark v. Sawyer
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Ejectment to recover a tract of land at the intersection of Mission and Mary streets, being a part of 100-vara lot, 202. The defendants were severally in possession of separate parcels of the demanded premises. The premises were granted by J. W. Geary, Alcalde of San Francisco, to J..
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Ejectment to recover a tract of land at the intersection of Mission and Mary streets, being a part of 100-vara lot, 202. The defendants were severally in possession of separate parcels of the demanded premises. The premises were granted by J. W. Geary, Alcalde of San Francisco, to J.. J. Bryant, on the 28th day of November, 1849; and Bryant on the 19th day of November, 1853, conveyed them to Clark, by a deed of bargain and sale, which, on its face, purported ,a consideration of five thousand…
1Opinion of the Court
By the Court, Rhodes, J.:
The action was to recover the possession of land in the city of San Francisco. It is admitted that the title, of the premises was at one time in one J. J. Bryant, and that the plaintiff had succeeded to that title, unless it had passed to the defendants’ grantors by an earlier deraignment.
To establish their title, the defendants put in evidence two judgments in favor of Starkey, Janion & Co. against Bryant, one rendered in March and the other in April, 1850, in the Court of First Instance in .the District of San Francisco. They then proved that writs of fieri facias…
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