Wolf v. Baldwin
California Supreme Court
Appeal from the Fourth District. This is an action of ejectment to recover the possession of a fifty vara lot, No. 1353, situated in the city of San Francisco, on Turk street, between Hyde and Larkin streets. The complaint alleges possession of the lot by plaintiffs on the first day of August, 1860, and ouster by defendant, on the same day without any averment of title. The answer denies specifically the allegations of the complaint.
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Appeal from the Fourth District. This is an action of ejectment to recover the possession of a fifty vara lot, No. 1353, situated in the city of San Francisco, on Turk street, between Hyde and Larkin streets. The complaint alleges possession of the lot by plaintiffs on the first day of August, 1860, and ouster by defendant, on the same day without any averment of title. The answer denies specifically the allegations of the complaint. Plaintiffs relied, on the trial, on possession from an inclosure by a fence put up in December, 1853, and the Van Ness Ordinance. As the case turns entirely upon…
1Opinion of the CourtField, C. J.
Coper, J. concurring.
The only question which we consider it is necessary to determine for the disposition of the present case is, whether the evidence produced by the plaintiffs was sufficient to show that they had such possession of the premises in controversy as to entitle them to the benefits of the Van Hess Ordinance. By the second section of that ordinance the city of San Francisco relinquished and granted all her'right and claim to the lands within her corporate limits, as defined by the charter of 1851, with certain exceptions, to the parties in the actual possession thereof, by…
2Cases cited3 opinions
- Peter v. BeverlySupreme Court of the United States · 1836
- City of San Francisco v. BeidemanCalifornia Supreme Court · 1861
- Plume v. SewardCalifornia Supreme Court · 1854
3Cited by7 opinions
- Judson v. MalloyCalifornia Supreme Court · 1870
- Polack v. McGrathCalifornia Supreme Court · 1867
- Pioneer Investment & Trust Co. v. Board of EducationUtah Supreme Court · 1909
- Davis v. PerleyCalifornia Supreme Court · 1866
- Cousino v. Western Shore Lumber Co.California Supreme Court · 1918
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