Davenport v. Turpin
California Supreme Court
¿Appeal from the District Court of the Sixth Judicial District, Sacramento County. This was an action of ejectment to recover the undivided half "of lot number three in the block bounded by I and J, and Front and Second streets, in the City of Sacramento. In August, 1849, John S. Fowler, the owner of the lot, conveyed an undivided half of it to Samuel Brannan.
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¿Appeal from the District Court of the Sixth Judicial District, Sacramento County. This was an action of ejectment to recover the undivided half "of lot number three in the block bounded by I and J, and Front and Second streets, in the City of Sacramento. In August, 1849, John S. Fowler, the owner of the lot, conveyed an undivided half of it to Samuel Brannan. In September following Brannan leased to Fowler his half of' the lot, together with the City Hotel thereon, for one year, at an annual rental of twenty-ñve thousand dollars, and at the same time executed to Brannan a mortgage upon his…
1Opinion of the Court
By the Court,
Wallace, C. J.:
Both parties attempt to deraign title to the undivided half of the premises in contest from John S. Fowler—the *601plaintiff, through the conveyance of Fowler, made to Mc-Cracken in September, 1850, recorded in December following, and the defendants, through the foreclosure of the mortgage to Brannan, made by Fowler, and recorded in September, 1849. The action to foreclose the mortgage was brought in October, 1850, after the delivery of the deed to McCracken. It was brought against Fowler alone, and the deed to McCracken was already of record before the decree of…
2Cases cited3 opinions
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Hughes v. DavisCalifornia Supreme Court · 1870
- Carpentier v. WilliamsonCalifornia Supreme Court · 1864
3Cited by17 opinions
- Gerhard v. StephensCalifornia Supreme Court · 1968
- Burns v. HiattCalifornia Supreme Court · 1906
- Westbay v. GrayCalifornia Supreme Court · 1897
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Skelly v. RichmanCalifornia Court of Appeal · 1970
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