Bostwick v. McCorkle
California Supreme Court
Appeal from the Seventh Judicial District. The record in this case consists of the following papers : Complaint; summons; answer of defendant Tucker; demurrer of defendant McCorkle; amended complaint, demurrer of Tucker to amended complaint, replication; demurrer of Tucker to replication; an order that “defendants’ demurrer filed herein” be sustained; order dismissing as to McCorkle; judgment for defendant Tucker; notice and undertaking on appeal and a certificate by the…
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Appeal from the Seventh Judicial District. The record in this case consists of the following papers : Complaint; summons; answer of defendant Tucker; demurrer of defendant McCorkle; amended complaint, demurrer of Tucker to amended complaint, replication; demurrer of Tucker to replication; an order that “defendants’ demurrer filed herein” be sustained; order dismissing as to McCorkle; judgment for defendant Tucker; notice and undertaking on appeal and a certificate by the Clerk that the foregoing are true copies of the originals. The nature of the pleadings is stated in the opinion of the…
1Opinion of the CourtCrocker, J.
This is an action to remove an alleged cloud upon plaintiff’s title to land owned by and in his possession. The complaint avers that the plaintiff’s title was derived by mesne conveyances from one Grigsby under a deed executed by him, dated July 16th, 1861, and that the defendants claim an adverse hen or title thereto, which is subordinate to his title. McCorkle demurred to the complaint on the ground that it was uncertain, etc., and that it did not state facts sufficient to constitute a cause of action. The action was afterwards dismissed as to McCorkle. The other defendant, Tucker, answered…
2Cited by1 opinion
- Smith v. LawrenceCalifornia Supreme Court · 1869