Spring v. Hewston
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 20th day of August, 1855, Carmen Librian de Bernal and José de Jesus Bernal were the owners of the Bernal Pancho, situated in what is now the City and County of San Francisco, and mortgaged to J. Mora Moss a portion thereof. On the 4th day of June, 1857, said Bernals conveyed the rancho to Harvey S. Brown, subject to the mortgage.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 20th day of August, 1855, Carmen Librian de Bernal and José de Jesus Bernal were the owners of the Bernal Pancho, situated in what is now the City and County of San Francisco, and mortgaged to J. Mora Moss a portion thereof. On the 4th day of June, 1857, said Bernals conveyed the rancho to Harvey S. Brown, subject to the mortgage. This was an action of ejectment to recover possession of a portion of the rancho bordering on Islais Creek. The plaintiff deraigned title from Brown, and the…
1Opinion of the Court
Courses and distances yield to natural monuments. In Sandifer v. Foster, 1 Hay w. (N. C.) 237, “ Gee’s patent began at the mouth of dividing, run thence north, thence east, thence south to a white oak; thence along the river to the beginning. This white oak stood half a mile from the river, and if the line be run in a direct course from thence to the beginning, a large part of the land described in the plaintiff’s grant will be left out of Gee’s patent; but if the river is deemed to be the boundary, the land described in defendant’s grant will then be included in Gee’s patent.” The river was…
2Cases cited8 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Brown v. HugerSupreme Court of the United States · 1859
- McCormick v. BarnumNew York Supreme Court · 1833
- Jackson ex dem. Goodrich v. OgdenNew York Supreme Court · 1810
- Columbet v. PachecoCalifornia Supreme Court · 1874
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3Cited by7 opinions
- Castro v. BarryCalifornia Supreme Court · 1889
- Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906
- City of Los Angeles v. San Pedro, Los Angeles & Salt Lake R.R.California Supreme Court · 1920
- Freeman v. BellegardeCalifornia Supreme Court · 1895
- Golden v. City of VallejoCalifornia Court of Appeal · 1919
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