Murphy v. Wallingford
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. This was an action of ejectment transferred from the District Court of the Eleventh Judicial District, county of El Dorado. It was brought tare-cover possession of about twelve acres of land in that county, being part of a tract of one hundred and sixty acres taken up by plaintiff in 1850. The plaintiff relies solely upon his prior possession.
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Appeal from the District Court of the Sixth Judicial District. This was an action of ejectment transferred from the District Court of the Eleventh Judicial District, county of El Dorado. It was brought tare-cover possession of about twelve acres of land in that county, being part of a tract of one hundred and sixty acres taken up by plaintiff in 1850. The plaintiff relies solely upon his prior possession. He proved, on the trial, his having the tract surveyed in 1850, and the boundaries marked by blazing trees along the lines; also, that he enclosed about three acres of the tract, and built a…
1Opinion of the CourtJustice Terry
Mr. Chief Justice Murray concurred.
This is an action of ejectment, in which the plaintiff seeks to recover upon prior possession.
The facts, as disclosed by the record, are as follows: In 1850 the plaintiff entered upon a tract of land in El Dorado county, caused it to be surveyed, and the boundaries marked; built a house upon it, in which he resided, and enclosed and cultivated a small portion of the tract. In 1852 the defendant entered upon the land within the boundaries of the survey, but not within the actual enclosure of plaintiff.
“ Possession is presumptive evidence of title, but it must…
2Cases cited1 opinion
- Plume v. SewardCalifornia Supreme Court · 1854
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- Valcalda v. Silver Peak MinesCourt of Appeals for the Ninth Circuit · 1898