Sherman v. McCarthy

Morrison, C. J.:

This is an action of ejectment to recover a portion of what is called the “ San Pablo Rancho,” and the appeal is taken from the late District Court of Contra Costa County. There are numerous parties defendant, only two of whom, Peter Magraff and Mary E. May, have appealed, the former from the judgment and order denying a motion for a new trial, and the latter simply from the order denying the motion for a new trial. Numerous errors have been assigned to the proceedings in the District Court, which we will proceed to examine and dispose of.

1. The first objection that we will…