Winans v. Christy
California Supreme Court
Appeal from the Sixth Judicial District. Ejectment. The complaint states that the plaintiffs have lawful title, as the owners in fee simple of certain real estate therein described and situated in the City of Sacramento, and constituting the entire block or square between Ninth and Tenth streets and H * and J streets in said city; [71] and that the defendants are in possession of said real estate, and unlawfully withhold possession of the same from the plaintiffs.
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Appeal from the Sixth Judicial District. Ejectment. The complaint states that the plaintiffs have lawful title, as the owners in fee simple of certain real estate therein described and situated in the City of Sacramento, and constituting the entire block or square between Ninth and Tenth streets and H * and J streets in said city; [71] and that the defendants are in possession of said real estate, and unlawfully withhold possession of the same from the plaintiffs. The defendant Christy, in his answer, refers to that part of the complaint which sets up lawful title in fee simple in the…
1Opinion of the Court
Mr. Ch. J. Murray
delivered the opinion of the Court.
Mr. J. Heydenfeldt concurred.
We shall not attempt to follow the argument of counsel or pass upon the various points raised on the trial of this cause in the Court below. To do so would involve an amount of labor, which justice to other business of this Court will not admit of, and only lead us into a hasty and inconsiderate expression of opinion upon important principles not properly arising in the case.
The decision of this cause, we think must turn upon a few plain rules, well settled in the books, and heretofore adopted by this Court.
We…
2Cases cited4 opinions
- Jackson ex dem. Ludlow v. MyersNew York Supreme Court · 1808
- Day v. AlversonNew York Supreme Court · 1832
- Jackson ex dem. Livingston v. WalkerNew York Supreme Court · 1827
- Jackson ex dem. Murray v. DennNew York Supreme Court · 1825
3Cited by35 opinions
- City of Long Beach v. MansellCalifornia Supreme Court · 1970
- National Audubon Society v. Superior CourtCalifornia Supreme Court · 1983
- Gray v. Reclamation District No. 1500California Supreme Court · 1917
- Boone v. KingsburyCalifornia Supreme Court · 1928
- City of Oakland v. Oakland Water Front Co.California Supreme Court · 1897
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