Caldwell v. Center
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action of ejectment to recover possession of a tract of land known as Lot Number One, in a tract of land claimed by plaintiff to have been called the “ Foley Tract.”
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action of ejectment to recover possession of a tract of land known as Lot Number One, in a tract of land claimed by plaintiff to have been called the “ Foley Tract.” The tract is described in the complaint as “ commencing at a point on the new county road from the City of San Francisco to the City of San José, one thousand three hundred and fifty feet southerly from the southerly line of Corbett street, on thé easterly side of the said new county road; thence south four and one half degrees…
1Opinion of the Court
By the Court, Rhodes, J.:
The cause was submitted to the jury both upon the theory of title under the Van Hess Ordinance and prior possession, and the verdict for the plaintiff being general, it is impossible to determine from the record upon which theory it was rendered ; but admitting that the evidence, which we think was clearly insufficient to establish title in the plaintiff under the Van Hess Ordinance, tended to show such prior possession in Foley, that the verdict would not be disturbed on the ground *542that the evidence was insufficient on that point, it becomes necessary to pass upon…
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