Semple v. Ware

— The record on this appeal presents precisely the same questions, which are considered in the case of Yates v. Smith, [38 Cal. 60], decided at the present term, with the exception that this case is now for the first time in this court, *658and is therefore free from any enbarrassment arising from a prior adjudication in this particular case of the questions which govern it; and we would, therefore, be at liberty to consider the relative values of the two titles which are involved in the action, provided the appellant had presented them in such a form as to enable us to look into them. If he had…