Battersby v. Abbott
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Yuba. This was an action of ejectment brought to recover the possession of a tract of land, together with damages for its detention.
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Appeal from the District Court of the Tenth Judicial District, County of Yuba. This was an action of ejectment brought to recover the possession of a tract of land, together with damages for its detention. The defendant claimed title by virtue of a purchase of the premises at sheriff’s sale, under an execution issued upon a judgment against the plaintiff; and on the trial introduced in evidence, in support of his claim, the judgment, execution, and sheriff's deed to him for the premises in question. The plaintiff, to rebut this proof on the part of the defendant, introduced evidence to show…
1Opinion of the Court
Terry, C. J., delivered the opinion of the Court—Field, J., and Burnett, J., concurring..
The objections to the statement in this case are not well taken.
The Judge certifies that the statement is substantially correct. This is entirely sufficient. It is not necessary that the testimony should be stated in the precise words of each witness; the substance of the testimony is all that is required to be set out in the statement.
It is no objection to the statement that it does not affirmatively show that the settlement was upon proper notice, or in the presence of both parties. In the absence of…
2Cited by3 opinions
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- Gomer v. ChaffeeSupreme Court of Colorado · 1881
- Gomer v. ChaffeeSupreme Court of Colorado · 1881