Calderwood v. Brooks
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. Robert C. Brooks, Anthony Riley, and James Burke were Calderwood’s tenants, against whom he brought ejectment for holding over. The action was commenced April 4th, 1863, and the judgment was affirmed in the Supreme Court, July 15th, 1865. , Edmond Brooks was not made a party.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. Robert C. Brooks, Anthony Riley, and James Burke were Calderwood’s tenants, against whom he brought ejectment for holding over. The action was commenced April 4th, 1863, and the judgment was affirmed in the Supreme Court, July 15th, 1865. , Edmond Brooks was not made a party. He commenced the action to quiet title, on the 30th day of December, 1863, and made the plaintiffs in this action, and R. C. Brooks, David Irving, and the City and County of San Francisco, defendants, and recovered judgment…
1Opinion of the Court
By the Court, Rhodes, J.:
This is an appeal from a judgment on demurrer to the complaint. It appears from the complaint that David Calderwood was the owner of the premises in controversy; that R. C. Brooks and others were his tenants, and were holding over after the expiration of their term; that Calderwood, in an action of ejectment, recovered a judgment against his tenants for the possession of the premises, and that such judgment was affirmed on appeal. It further appears that within a few days after the commencement of that-action, R. C. Brooks and the other tenants surrendered the…
2Cited by5 opinions
- Davis v. CrumpCalifornia Supreme Court · 1912
- Phillippi v. LeetSupreme Court of Colorado · 1893
- Kraus v. CongdonCourt of Appeals for the Ninth Circuit · 1908
- Kraus v. CongdonCourt of Appeals for the Ninth Circuit · 1908
- Pilione v. ConartyCalifornia Court of Appeal · 1944