Legal Opinion

Mesick v. Sunderland

California Supreme Court

Decided July 1, 1856PublishedCited by 9 opinions

Appeal from the District Court of the Sixth Judicial District. This was an action of ejectment to recover possession of a block of land in Sacramento City, bounded by S and T, Ninth and Tenth streets.

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Appeal from the District Court of the Sixth Judicial District. This was an action of ejectment to recover possession of a block of land in Sacramento City, bounded by S and T, Ninth and Tenth streets. The complaint alleges that on the 7th of May, 1850, John A. Sutter was legally seized in fee, and in possession, of the land in question ; that he conveyed the same to John A. Sutter, Jr., on that day; and that J. A. Sutter, Jr., conveyed the same to plaintiff July 9, 1855. The complaint then sets forth in full the deed or executory contract from John A. Sutter, Jr., to Samuel Brannan, S. C.…

1Opinion of the Court

The opinion of the Court was delivered by Mr. Chief Justice Murray.

Mr. Justice Terry concurred.

This was an action of ejectment in the Court below. The plaintiff and defendant both deraign title from a Mexican grant to John A. Sutter, and from him to John A. Sutter, Jr. The deed under which the defendant claims is as follows :

“John A. Sutter, Jr., to Sami. Brannan, Sami. C. Bruce, Julius Wetzlar and James S. Graham. This indenture, made the twentieth day of June, in the year one thousand eight hundred and fifty, between John A. Sutter, Junior, of the city of Sacramento and State of California,…

2Cases cited3 opinions

  1. Jackson v. SebringNew York Supreme Court · 1819
  2. Kerns v. SwopeSupreme Court of Pennsylvania · 1833
  3. Blaney v. FindleyIndiana Supreme Court · 1830

3Cited by9 opinions

  1. Norris v. HuntTexas Supreme Court · 1879
  2. Lundin v. Hallmark Productions, Inc.California Court of Appeal · 1958
  3. Oglesby v. HollisterCalifornia Supreme Court · 1888
  4. Brophy Mining Co. v. Brophy & Dale Gold & Silver Mining Co.Nevada Supreme Court · 1880
  5. Moxon v. WilkinsonMontana Supreme Court · 1876

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