Bodley v. Ferguson
California Supreme Court
Appeal from the District Court, Third Judicial District, 'Santa Clara County. The defendants in their answer set up as an equitable defense the state of facts found by the Court. The defendants moved the Court to try and determine the equitable defense before the trial of the action at law.
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Appeal from the District Court, Third Judicial District, 'Santa Clara County. The defendants in their answer set up as an equitable defense the state of facts found by the Court. The defendants moved the Court to try and determine the equitable defense before the trial of the action at law. The plaintiff objected, but the Court granted the motion, and on the trial the defendants offered in evidence a deed of the demanded premises, executed on the 24th day of June, 1852, by John Gilroy and Clara Maria Ortega, his wife, to Allen and Smith. The conveyance was to John B. Allen and Ferdinand A.…
1Opinion of the Court
By the Court, Shafter, J.:
This action is brought to recover the possession of nine hundred and thirty-two and a half acres of land, situate in the County of Santa Clara and parcel of a grant of one league made by the Mexican Government to Clara Maria Ortega Gilroy, in the year 1838, she being then and since the wife of John Gilroy. Both parties claim under Mrs. Gilroy—the plaintiff through a deed executed by her and her husband to Miguel Gilroy, on the 18th of November, 1858, and the defendants through an alleged equitable title, older than the admitted legal title of the plaintiff.
The facts…
2Cases cited4 opinions
- Ingoldsby v. JuanCalifornia Supreme Court · 1859
- Maclay v. LoveCalifornia Supreme Court · 1864
- Selover v. American Russian Commercial Co.California Supreme Court · 1857
- Phelan v. Supervisors of San FranciscoCalifornia Supreme Court · 1858
3Cited by5 opinions
- Jackson v. TorrenceCalifornia Supreme Court · 1890
- Love v. WatkinsCalifornia Supreme Court · 1871
- Swasey v. AdairCalifornia Supreme Court · 1891
- Love v. Sierra Nevada Lake Water & Mining Co.California Supreme Court · 1867
- de Racouillat v. SansevainCalifornia Supreme Court · 1867