Legal Opinion

Ingoldsby v. Juan

California Supreme Court

Decided January 15, 1859PublishedCited by 30 opinions

Appeal from the Seventh District, County of Contra Costa. This was an action of ejectment. The facts are stated in the opinion of the Court, but will, probably, be better understood by setting forth the amended answer of the defendants, which presents the question upon which the opinion of the Court is based.

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Appeal from the Seventh District, County of Contra Costa. This was an action of ejectment. The facts are stated in the opinion of the Court, but will, probably, be better understood by setting forth the amended answer of the defendants, which presents the question upon which the opinion of the Court is based. It is as follows: “ That all- the right, title or interest which Martina Castro ever had in any part of the demanded premises, was held by her before her marriage with Lewis Depeaux, in 1849, and before the adoption of the Constitution of this State, and, that the same was her separate…

1Opinion of the Court

Baldwin, J.,

delivered the .opinion of the Court—Terry, C. J., concurring.

This action of ejectment was brought to recover a tract of land, lying in Santa Cruz county, being part of the Soquel Ranch. The plaintiff claims, under a deed, made by one Martina Castro to plaintiff, and one Labaria, dated January 22,1855, and a deed from Labaria, on the tenth of September, 1855, to plaintiff.

The record shows that the grantor claimed to be entitled to the premises in dispute, by virture of a grant from Figueroa, the Governor of the late territory of California. It shows, also, that the defendants were…

2Cases cited1 opinion

  1. Grimes' Estate v. NorrisCalifornia Supreme Court · 1856

3Cited by30 opinions

  1. Houston Oil Co. of Texas v. KimballTexas Supreme Court · 1910
  2. Hart v. ChurchCalifornia Supreme Court · 1899
  3. Newton v. Emerson, Talcott & Co.Texas Supreme Court · 1886
  4. Strong v. StrongCalifornia Supreme Court · 1943
  5. Summer v. MitchellSupreme Court of Florida · 1892

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