Leese v. Clark
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The case of Leese v. William S. Clark, in which the writ of possession referred to in this case was issued, will be found reported in 18 Cal. 535 ; 20 Id. 387 ; and 28 Id. 26. After the decision reported in the 28 Cal., the remittitur was filed in ■ the Court below, and a writ of possession was placed in the hands of Henry L. Davis, the Sheriff of the City and County of San Francisco.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The case of Leese v. William S. Clark, in which the writ of possession referred to in this case was issued, will be found reported in 18 Cal. 535 ; 20 Id. 387 ; and 28 Id. 26. After the decision reported in the 28 Cal., the remittitur was filed in ■ the Court below, and a writ of possession was placed in the hands of Henry L. Davis, the Sheriff of the City and County of San Francisco. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sawyer, J.
Judgment for possession of a lot in San Francisco having, been recovered by plaintiff after a litigation extending through a period of about eight years, a writ of possession was placed in the hands of the Sheriff to be executed. The Sheriff found some parties in possession claiming to be tenants of 'John Clark, a brother of defendant, William S. Clark. Neither John Clark, nor the parties in possession at the time the Sheriff went to execute the writ, claiming to be his tenants, were parties to the action. Upon a claim being made that John Clark was in possession at…
2Cases cited1 opinion
- Fogarty v. SparksCalifornia Supreme Court · 1863
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