Wade v. Deray
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Santa Clara. The rancho Eincon de los Esteros, granted by the Mexican nation to Domingo Alviso, was, after his decease, confirmed to his children, Eafael, Estefana, Maria de Jesus, and Magdalena. On the 19th day of January, 1863, said children, and James Lick, and William Welch, owned, as tenants in common, the southerly half of the rancho.
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Appeal from the District Court, Third Judicial District, County of Santa Clara. The rancho Eincon de los Esteros, granted by the Mexican nation to Domingo Alviso, was, after his decease, confirmed to his children, Eafael, Estefana, Maria de Jesus, and Magdalena. On the 19th day of January, 1863, said children, and James Lick, and William Welch, owned, as tenants in common, the southerly half of the rancho. Madeline Pacheco, the mother and guardian of the children, on the 1st day of August, 1854, conveyed to defendants Deray and Michelot, a tract of land, being part of the rancho, described as…
1Opinion of the Court
By the Court, Crockett, J.:
The plaintiff, Estefana Wade, formerly Estefana Alviso, and one Rafael Alviso, were tenants in common with several other persons of a larger tract, which included the premises in controversy in this action. Whilst thus tenants in common, Estefana and Rafael conveyed by deed to the defendant Deray all their right, title and interest in and to a particular portion of the general tract. The description of the particular tract thus conveyed will be noticed hereafter. Subsequently all the tenants in common agreed upon an amicable partition of the general tract amongst…
2Cited by26 opinions
- Rancho Santa Margarita v. VailCalifornia Supreme Court · 1938
- Arambula v. SullivanTexas Supreme Court · 1891
- Avery v. AkinsIndiana Supreme Court · 1881
- Utterback v. TerhuneIndiana Supreme Court · 1881
- Cunha v. HughesCalifornia Supreme Court · 1898
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