Pearson v. Creed
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial. The action was commenced August 21, 1884. The plaintiff claimed title under C. E. Gaxiola, by purchase from his heirs at law, after his decease, in 1879. On January 30,1885, plaintiff, pending the action, conveyed a half-interest in the land to George Hearst, who thereafter intervened.
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Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial. The action was commenced August 21, 1884. The plaintiff claimed title under C. E. Gaxiola, by purchase from his heirs at law, after his decease, in 1879. On January 30,1885, plaintiff, pending the action, conveyed a half-interest in the land to George Hearst, who thereafter intervened. The defendants claimed title under the tax deed described in the opinion, which was executed March 2,1882, under an assessment made in 1880, after the decease of Gaxiola. Further facts are stated in the…
1Opinion of the CourtThornton, J.
— Action to -quiet title to a tract of land in Fresno County. Judgment passed in favor of plaintiff and intervenor. The defendants, Creed and Wigginton, appeal from the judgment, and an order denying a new trial.
The evidence is sufficient to justify the decision of the court below. The decision is not against the law. There are findings upon all the material issues. The *146issue as to the possession of plaintiff at the commencement of the action was entirely immaterial. The question of title as between plaintiff and defendants was to be passed on, and the defendants might have been in possession…
2Cases cited4 opinions
- Grimm v. O'ConnellCalifornia Supreme Court · 1880
- Hearst v. EgglestoneCalifornia Supreme Court · 1880
- Brady v. DowdenCalifornia Supreme Court · 1881
- Low v. McCallanCalifornia Supreme Court · 1883
3Cited by8 opinions
- In Re Estate of PlumelCalifornia Supreme Court · 1907
- Cullen v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1913
- Kittle v. BellegardeCalifornia Supreme Court · 1890
- Dranga v. RoweCalifornia Supreme Court · 1900
- Rexford v. . PhillipsSupreme Court of North Carolina · 1912
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