Legal Opinion

Moon v. Rollins

California Supreme Court

Decided October 15, 1868PublishedCited by 26 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action of ejectment commenced March 3d, 1865, to recover a lot of land in the City and County of San Francisco, on the corner of Mission and Rinth streets, being one hundred and thirteen feet by one hundred and thirty-'one, in the north corner of Block Three.

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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action of ejectment commenced March 3d, 1865, to recover a lot of land in the City and County of San Francisco, on the corner of Mission and Rinth streets, being one hundred and thirteen feet by one hundred and thirty-'one, in the north corner of Block Three. The testimony tended to show that in 1850 and 1851 one Kisling was in possession of one hundred and sixty acres of land. The demanded premises constituted a portion of this tract. June 14th, 1851, Kisling conveyed Block Three,…

1Opinion of the Court

By the Court, Sawyer, C. J. :

The first point made is, that the evidence is insufficient to justify the findings, in several particulars specified. We do not think we should be justified in setting aside the findings on this ground.

In Richardson v. McNulty, 24 Cal. 345, we said, on the question of title by possession and of abandonment: “By the act of occupancy the plaintiff made it his, and manifested his intention to do so. Once his, it continues his until he manifests his intention to part with it in some manner known to the law. He may sell it, or give it to another, or transfer it *338in any…

2Cases cited4 opinions

  1. Richardson v. McNultyCalifornia Supreme Court · 1864
  2. McMillan v. ReynoldsCalifornia Supreme Court · 1858
  3. Ellis v. JeansCalifornia Supreme Court · 1864
  4. Welsh v. KirkpatrickCalifornia Supreme Court · 1866

3Cited by26 opinions

  1. Gerhard v. StephensCalifornia Supreme Court · 1968
  2. Utt v. FreyCalifornia Supreme Court · 1895
  3. People v. Southern Pacific Co.California Supreme Court · 1916
  4. Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
  5. Hatton v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1913

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