Downer v. Smith
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. This was an action of ejectment to recover possession of a lot in San José, Santa Clara County, commenced October 9th, 1661. The complaint- averred, that on the 20th day of September, 1861, plaintiff was seized in fee as the owner of the demanded premises, and that on said day defendant entered upon the premises and ousted and ejected him therefrom, and still detains the same.
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Appeal from the District Court, Third Judicial District, Santa Clara County. This was an action of ejectment to recover possession of a lot in San José, Santa Clara County, commenced October 9th, 1661. The complaint- averred, that on the 20th day of September, 1861, plaintiff was seized in fee as the owner of the demanded premises, and that on said day defendant entered upon the premises and ousted and ejected him therefrom, and still detains the same. The answer, after denying the allegations of the complaint, set up as new matter that as long ago as 1852, one Redman was seized of the…
1Opinion of the Court
By the Court, Sanderson, C. J.
The objection to the introduction of the book, called in the record “Book No. 3,” containing what purported to be Alcalde grants, is untenable. The book purported to contain the grant to one Jenkins, under whom the plaintiff claimed title to the premises in controversy. The grant in question, as appears from the book, was signed by one John Burton, and attested by one Charles White as Clerk. It was shown by the witness Harry Bee, who was sworn for that purpose, that at the time the grant bears date, Burton was the Alcalde of the Pueblo de *122San José de Guadalupe,…
2Cases cited3 opinions
- Sullivan v. DavisCalifornia Supreme Court · 1854
- Tevis v. PitcherCalifornia Supreme Court · 1858
- Grimes' Estate v. NorrisCalifornia Supreme Court · 1856
3Cited by21 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Bruck v. TuckerCalifornia Supreme Court · 1871
- Lawrence v. BallouCalifornia Supreme Court · 1869
- Carpentier v. WilliamsonCalifornia Supreme Court · 1864
- Palmer v. LowSupreme Court of the United States · 1878
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