Brooks v. Crosby
California Supreme Court
Appeal from the Twelfth Judicial District. This is an action of ejectment brought by B. S. Brooks against William Crosby and others, executors of John Clyne, to recover twenty acres of land lying within the limits of the City of San Francisco. Plaintiff derives his title from one Foley, and on the trial sought to recover by showing a prior possession of the premises in Foley.
Read the full summary
Appeal from the Twelfth Judicial District. This is an action of ejectment brought by B. S. Brooks against William Crosby and others, executors of John Clyne, to recover twenty acres of land lying within the limits of the City of San Francisco. Plaintiff derives his title from one Foley, and on the trial sought to recover by showing a prior possession of the premises in Foley. Both Foley and Clyne, the defendants’ testator, were living upon the premises in 1853, and the principal question mooted was as to which of the two were in the actual possession at that time. The testimony was voluminous…
1Opinion of the CourtCope, C. J.
This is an action to recover of the defendants the possession of twenty acres of land in the City and County of San Francisco. The complaint alleges that on a certain day the plaintiff was seized and possessed of the land in question, and that the defendants entered and ousted him. The answer denies the allegations of the complaint, and sets up the Statute of Limitations.
On the trial the plaintiff relied upon the prior possession of one Foley, and others, under whom he claims. The case was tried by a jury and the plaintiff obtained a verdict, and we are asked to review the evidence, which is…
2Cited by8 opinions
- McClenahan v. KeyesCalifornia Supreme Court · 1922
- People v. WilsonCalifornia Court of Appeal · 1926
- Newlove v. Mercantile Tr. Co. of S.F.California Supreme Court · 1909
- King v. HaneyCalifornia Supreme Court · 1873
- Nolan v. MathisSupreme Court of Oklahoma · 1928
3 more not listed; retrieve them via the Exa API.