Woodworth v. Fulton
California Supreme Court
Appeal from the court of First Instance of the district of Sail Francisco. The action was brought to recover possession of a portion of a 100 vara lot in the city of San Francisco. The defendants were in the actual possession of the lot claimed, having purchased it of a third person for a Ml consideration, and having erected valuable improvements upon it.
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Appeal from the court of First Instance of the district of Sail Francisco. The action was brought to recover possession of a portion of a 100 vara lot in the city of San Francisco. The defendants were in the actual possession of the lot claimed, having purchased it of a third person for a Ml consideration, and having erected valuable improvements upon it. The plaintiff claimed to recover by virtue of a grant from an Alcalde of San Francisco, of which the following is a copy :— “ To Edwin Bryant, Esq., Alcalde of the District of San “Francisco:—Tour petitioner being a citizen of California, “…
1Opinion of the Court
*304By the Court,
Bennett, J.
The action is brought to recover possession of a lot of land in San Francisco. At the commencement of the suit the defendants were in the actual possession of the premises, having entered without force, fraud, or any clandestine means, and claiming to be bona fide occupants of the** same under a written conveyance to them. When they took possession there were no visible signs that the lot had ever been improved, or cultivated, or occupied by any one. Some survey stakes had been driven at the corners of the large one hundred vara tract of which the lot in question is a…
2Cases cited1 opinion
- Jackson ex dem. Murray v. DennNew York Supreme Court · 1825
3Cited by6 opinions
- Hart v. BurnettCalifornia Supreme Court · 1860
- Pueblo v. DimasSupreme Court of Puerto Rico · 1912
- Wilson v. AtkinsonCalifornia Supreme Court · 1888
- Development of the Law of Waters in the WestCalifornia Supreme Court · 1922
- Merriman v. BourneU.S. Circuit Court for the District of Northern California · 1865
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