Crosby v. Dowd
California Supreme Court
Appeals by defendants from the judgments of the Twentieth District Court in and for the County of Santa Clara, from an order denying a motion for a new trial, from an order amending the findings of the Court, and from an order refusing to correct the findings. Belden, J. Action in ejectment. The plaintiff was born February 26, 1859. As to the defense of the Statute of Limitations relied on by the defendants; the other facts are stated in the opinion of the Court.
Read the full summary
Appeals by defendants from the judgments of the Twentieth District Court in and for the County of Santa Clara, from an order denying a motion for a new trial, from an order amending the findings of the Court, and from an order refusing to correct the findings. Belden, J. Action in ejectment. The plaintiff was born February 26, 1859. As to the defense of the Statute of Limitations relied on by the defendants; the other facts are stated in the opinion of the Court. In support of their other defense and to show that the defendants had acquired the title of S. J. Crosby, the ancestor of the…
1Opinion of the Court
Ross, J.:
The action is ejectment, and the premises a part of a Mexican grant, for which a patent was issued by the United States Government on the nineteenth day of February, 1868. The plaintiff is the daughter and one of the heirs of S. J. Crosby, deceased. Crosby owned the land at the time of his death, which occurred March 29,1859. When he died his daughter was but a little more than a month old. Crosby’s possession of the property was not invaded during his life-time. Had it been, and had the Statute of Limitations been set in motion during that period, its running would not, of course,…
2Cases cited4 opinions
- Struble v. NeighbertIndiana Supreme Court · 1872
- Chapman v. HollisterCalifornia Supreme Court · 1871
- Lawless v. BargerCourt of Appeals of Kentucky · 1873
- Clark v. GageMichigan Supreme Court · 1870
3Cited by16 opinions
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Hermann v. LikensTexas Supreme Court · 1897
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- De Sepulveda v. BaughCalifornia Supreme Court · 1887
- Wren v. DixonNevada Supreme Court · 1916
11 more not listed; retrieve them via the Exa API.