Lorenz v. Jacobs
California Supreme Court
Appeal from the District Court of the Ninth Judicial District, Trinity County. The plaintiffs, as tenants in common with the defendants, commenced these proceedings for the partition of their interests • in the property known as the “ Connor Ditch,” a water ditch used for mining. They asked for a sale and a division of the proceeds, as the property was not capable of division in any other way.
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Appeal from the District Court of the Ninth Judicial District, Trinity County. The plaintiffs, as tenants in common with the defendants, commenced these proceedings for the partition of their interests • in the property known as the “ Connor Ditch,” a water ditch used for mining. They asked for a sale and a division of the proceeds, as the property was not capable of division in any other way. The defendants answered, raising various issues as to the interests and rights of the respective parties. Upon a trial of the cause the Court made the following decree, which is referred to in the…
1Opinion of the Court
By the Court :
Proceedings may be instituted by any of the cotenants of real property, as provided in the Code of Civil Procedure, (sec. *26752) for a partition thereof according to their respective rights, or for a sale thereof, if it appear that the partition cannot be made without great prejudice to the owners. But whether partition is to be ordered or a sale directed, it is indispensable that a decree, interlocutory in its character, be first entered, definitely ascertaining the rights and interests of the respective parties in the subject-matter. In case a sale is to be directed, it is…
2Cited by9 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- In re RoseCalifornia Supreme Court · 1889
- Quirk v. RooneyCalifornia Supreme Court · 1900
- Bell v. StaackeCalifornia Supreme Court · 1902
- Grant v. MurphyCalifornia Supreme Court · 1897
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