Martin v. Thompson
California Supreme Court
Appeal from a judgment for the defendant, and from an order denying a new trial, in the Superior Court of the City and County of San Francisco. Wilson, J. A petition for hearing in Bank was filed in this case after judgment, and denied.
1Opinion of the Court
The Court:
The action is brought to recover the possession (or the value thereof) of certain grain sown and harvested by defendant upon lands to which he claimed title, and of which he had the actual adverse and exclusive possession. The action can not be maintained.
In Halleck, Executor, v. Mixer, 16 Cal. 574, a demurrer to the complaint had been sustained in the Court below upon the ground that the complaint showed the title to land to he involved in such sense as precluded the action. The complaint alleged that the plaintiff’s testator was seised and possessed of certain real estate at the…
2Cases cited6 opinions
- Atherton v. FowlerSupreme Court of the United States · 1878
- Halleck v. MixerCalifornia Supreme Court · 1860
- Mooers v. WaitNew York Supreme Court · 1829
- Heath v. RossNew York Supreme Court · 1815
- Kimball v. LohmasCalifornia Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kleinclaus v. DutardCalifornia Supreme Court · 1905
- Sullivan v. City of SacramentoCalifornia Court of Appeal · 1987
- Sullivan v. RichardsonCalifornia Court of Appeal · 1931
- Johnston v. FishCalifornia Supreme Court · 1895
- Myer v. RobertsOregon Supreme Court · 1907
14 more not listed; retrieve them via the Exa API.