Legal Opinion

Talbert v. Singleton

California Supreme Court

Decided October 15, 1871No. 2,472PublishedCited by 12 opinions

Appeal from the District Court of the Sixth Judicial District, County of Sacramento. This was an action of ejectment for a lot on the southeast corner of Fifth and K streets, in the City of Sacramento.

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Appeal from the District Court of the Sixth Judicial District, County of Sacramento. This was an action of ejectment for a lot on the southeast corner of Fifth and K streets, in the City of Sacramento. The facts of the claims of the respective parties are set forth in the opinion; but it may be added that the deed from Sutter, Jr., by Burnett to Holman, was a bargain and sale deed of all the right, title, and interest of the grantor, with a warranty against the claims of all persons whatsoever. There having been a judgment for defendants, and a motion for new trial overruled, the plaintiff…

1Opinion of the Court

By the Court, Crockett, J.:

It is no longer an open question in this Court whether the deed of October 14th, 1848, from Sutter, Sr., to Sutter, Jr., includes the site of Sacramento City. In Mayo v. Marzeaux, 38 Cal. 442, we had this precise question under consideration, and held that the deed includes the site of said city. Rothing has since occurred to create a doubt as to the cor*393rectness of that decision. On the contrary, the argument of the present case has but strengthened our former views on this point.

The plaintiff’s title to the demanded premises is deraigned as follows: First—Through a…

2Cases cited2 opinions

  1. Love v. WatkinsCalifornia Supreme Court · 1871
  2. Mayo v. MazeauxCalifornia Supreme Court · 1869

3Cited by12 opinions

  1. Hicks v. LovellCalifornia Supreme Court · 1883
  2. Independent Coal & Coke Co. v. United StatesSupreme Court of the United States · 1927
  3. Emeric v. AlvaradoCalifornia Supreme Court · 1891
  4. Pioneer Investment & Trust Co. v. Board of EducationUtah Supreme Court · 1909
  5. Orange Cove Water Co. v. SampsonCalifornia Court of Appeal · 1926

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