Covillaud v. Tanner
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, of the County of Yuba. Covillaud, the plaintiff in the Court below, averred, in his complaint, that on the first day of November, 1850, he was seized and possessed of one undivided fourth interest and estate, as tenant-in-common, with J. M. Ramirez, W. H. Sampson, Chas.
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Appeal from the District Court of the Tenth Judicial District, of the County of Yuba. Covillaud, the plaintiff in the Court below, averred, in his complaint, that on the first day of November, 1850, he was seized and possessed of one undivided fourth interest and estate, as tenant-in-common, with J. M. Ramirez, W. H. Sampson, Chas. B. Sampson, Robert B. Buchanan, and Gabriel N. Swezy, in and to a certain tract of land in Yuba county, and that on the eighteenth day of June, 1852, the said defendant unlawfully entered into the possession of said premises, and ousted him therefrom, and has ever…
1Opinion of the CourtMurray, C. J.
This was an action of ejectment. The cause was submitted to the Court below, without the intervention of a jury, upon the evidence taken, subject to all legal objections. No exceptions were taken to the testimony, or to the findings of the Court, and no motion was made for a new trial.
There is, therefore, nothing before us, except the single question, whether the facts found are sufficient to warrant the conclusions of law drawn therefrom by the Court, of which, there can be no doubt; the Court having found, as a fact, a prior possession in the plaintiff, and, as a conclusion of law, that…
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