Graham v. Oviatt
California Supreme Court
Appeal from a judgment for the defendant, and from an order denying a new trial in the Superior Court of Alameda County. Crane, J. The findings and an order of judgment were filed in the Third Distict Court, County of Alameda, by McKee, J., but the judgment was rendered in the Superior Court.
1Opinion of the Court
Morrison, C. J.:
Ejectment to recover a tract of land lying in Alameda County. Plaintiffs claim under a homestead right, and defendants under a mortgage executed by plaintiff, Joseph Graham, and a foreclosure proceeding founded thereon.
It appears, from the findings, as well as from the bill of exceptions in the case, that Graham and his wife were in possession of the land in controversy from the year 1866 down to some time in the year 1875, but in what right they held the possession does not appear from the record.
On the 28th day of May, 1872, the husband (Joseph Graham executed a mortgage…
2Cited by1 opinion
- Hefner v. UrtonCalifornia Supreme Court · 1886