Dewey v. Lambier
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. This was an action of ejectment, to recover the undivided one-half of onc-hundred-vara lot number one hundred and ten, in the city of San Francisco, granted by Leavenworth, alcalde, to one Harrison, on the third day of December, 1848, Harrison having, on the twenty-ninth of September, 1853, conveyed the premises to plaintiff, and one A. Welch.
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Appeal from the District Court of the Fourth Judicial District. This was an action of ejectment, to recover the undivided one-half of onc-hundred-vara lot number one hundred and ten, in the city of San Francisco, granted by Leavenworth, alcalde, to one Harrison, on the third day of December, 1848, Harrison having, on the twenty-ninth of September, 1853, conveyed the premises to plaintiff, and one A. Welch. The granting portion of the deed read as follows: “ Have bargained, sold, and quit-claimed, and by these presents do bargain, sell, and quit-claim, unto the said Squire P. Dewey and…
1Opinion of the CourtMurray, C. J.
This was an action of ejectment. On the trial, the plaintiff established title to the premises, by a conveyance from one Harrison to himself and Aristides Welch. As Welch, and Dewey, *348the present plaintiff, were joint-tenants, they should have joined in this action, and the failure to do so is fatal to a recovery.
It may be supposed that the first section of the act of 1855, passed April 27th, concerning conveyances, has destroyed the joint-tenancy that was created by deed. The statute was only intended to apply to future, and not to past conveyances. Indeed, the power of the Legislature to…
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