Legal Opinion

Irving v. Cunningham

California Supreme Court

Decided October 8, 1884No. 9,142PublishedCited by 13 opinions

Appeal from a judgment of the Superior Court of the county of Alameda, and from an order refusing a new trial. The facts sufficiently appear in the opinion of the court.

1Opinion of the CourtSharpstein, J.

The principal controversy in this case is as to the northern boundary of the tract conveyed by José Domingo Peralta to McAllister and others, on August 16,1853. In the deed, “ the northern side line ” is stated to be “ a line drawn from a point two hundred varas south of a house occupied by a squatter, Espejo, and passing to a point at a small creek *16about two hundred varas south of the house now occupied by said Domingo with his family, and thence north-eastwardly in a straight line to the top of the mountains.”

As to where two of the monuments—the houses of Espejo and Domingo—stood, there is…

2Cited by13 opinions

  1. Smith v. BearCourt of Appeals for the Second Circuit · 1956
  2. Smith v. BearCourt of Appeals for the Second Circuit · 1956
  3. Hall v. BartlettCalifornia Supreme Court · 1910
  4. Lower Kings River Reclamation District No. 531 v. McCullahCalifornia Supreme Court · 1899
  5. MacGregor v. KnowldenCalifornia Court of Appeal · 1929

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