Tynan v. Walker
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, Amador County. This was an action of ejectment, brought by plaintiff as the administrator of the estate of William D. Bell, deceased, to recover the possession of a tract of land in Amador County, and was commenced November 8th, 1866. In the Court below judgment passed for the defendant, and the plaintiff moved for a new trial, upon the ground, among others, that the Court erred in refusing to give to the jury…
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Appeal from the District Court, Eleventh Judicial District, Amador County. This was an action of ejectment, brought by plaintiff as the administrator of the estate of William D. Bell, deceased, to recover the possession of a tract of land in Amador County, and was commenced November 8th, 1866. In the Court below judgment passed for the defendant, and the plaintiff moved for a new trial, upon the ground, among others, that the Court erred in refusing to give to the jury certain instructions mentioned in the opinion of this Court. The motion was denied, and the plaintiff appealed from the…
1Opinion of the Court
By the Court, Sanderson, J. :
The principal question involved in this case, and the one upon which the final decision must mainly turn, relates to the defense of the Statute of Limitations. The case shows that Bell, the plaintiff’s intestate, died on the 3d of April, 1854. That the plaintiff was appointed administrator on the 5th of October, 1866, more than twelve years subsequent to the death of Bell. That prior and up to September, 1853, Bell was in the actual occupation and possession of the premises, at which time he made a journey to the Atlantic States, leaving the premises in the care…
2Cases cited8 opinions
- M'iver, Lessees v. RaganSupreme Court of the United States · 1817
- Demarest v. WynkoopNew York Court of Chancery · 1817
- The People v. . McCumberNew York Court of Appeals · 1858
- Lee v. Bank of the U. StatesSupreme Court of Virginia · 1838
- Gay v. WinterCalifornia Supreme Court · 1867
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3Cited by64 opinions
- Reading Co. v. KoonsSupreme Court of the United States · 1926
- United States v. Ninety-Nine DiamondsCourt of Appeals for the Eighth Circuit · 1905
- United States v. Colorado & N. W. R. Co.Court of Appeals for the Eighth Circuit · 1907
- Fay v. District Court of AppealCalifornia Supreme Court · 1927
- Bauserman v. CharlottSupreme Court of Kansas · 1891
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