Polack v. McGrath

This case has been here before, and will be found reported in 32 Cal. 15. It was brought here then by the defendants, and we reversed the judgment against them upon the general ground that the evidence failed to show, on the part of the plaintiff, such a possession as is required by the Van Ness Ordinance, or such a prior possession as is required by the common law, in order to maintain ejectment, and sent the case back for a new trial. It has been again tried, and this time the judgment was against the plaintiff, who has brought the case here.

In all essential respects the facts disclosed by…