Treat v. Reilly
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Ejectment to recover a tract of land, containing two hundred thirty-seven and twenty-eight one hundredths acres, in the City and County of San Francisco, near the Ocean House. Both parties claimed by possession, the plaintiff by entry in March, 1861, and the defendant by possession prior thereto. The parties waived a jury.
Read the full summary
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Ejectment to recover a tract of land, containing two hundred thirty-seven and twenty-eight one hundredths acres, in the City and County of San Francisco, near the Ocean House. Both parties claimed by possession, the plaintiff by entry in March, 1861, and the defendant by possession prior thereto. The parties waived a jury. The Court found, that on the 27th of June, 1861, the plaintiff' was in the actual possession of the land, by having inclosed it with a substantial and sufficient fence, which he…
1Opinion of the Court
By the Court, Sawyer, C. J.:
This case is clearly within the rule, that appellate Courts will not set aside a finding on the ground of insufficiency of evidence to support it, when it is substantially conflicting. It is quite clear, from the evidence, that the plaintiff had reduced the land to possession at the time of the destruction of his house and fences, and of his ejection. The only serious question is, whether the land had been reduced to actual possession by the defendants prior to the entry of the plaintiff. There is no doubt that defendants had a house upon land some distance to the…
2Cited by10 opinions
- Voss v. KingWest Virginia Supreme Court · 1889
- Hopkins v. NoyesMontana Supreme Court · 1883
- Brady v. KreugerSouth Dakota Supreme Court · 1896
- Short v. FrinkCalifornia Supreme Court · 1907
- McCormick v. MarcyCalifornia Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.