Legal Opinion

Locke v. Moulton

California Supreme Court

Decided July 11, 1895No. 18260PublishedCited by 6 opinions

Appeal from an order of the Superior Court of San Joaquin County denying a new trial. Joseph H. Budd, Judge. The facts are stated in the opinion.

1Opinion of the Court

Yancliee, C.

Action of ejectment to recover possession of a half section of land. The complaint is in the most general form, alleging, in substance, that plaintiff owns, and is entitled to the possession of, the demanded premises, and that the defendants are in possession and wrongfully withhold it from the plaintiff.

In their answer the defendants deny that plaintiff ever owned the land, or that he was entitled to the possession thereof at the time of the commencement of the action; and, as a further answer, allege that on October 2, 1885, the defendant Moulton, who was then the owner and in…

2Cases cited5 opinions

  1. Arrington v. LiscomCalifornia Supreme Court · 1868
  2. Nev. Cty. & Sacramento Canal Co. v. KiddCalifornia Supreme Court · 1869
  3. Smith v. SmithCalifornia Supreme Court · 1889
  4. People v. MierCalifornia Supreme Court · 1864
  5. Stinchfield v. GillisCalifornia Supreme Court · 1892

3Cited by6 opinions

  1. Bank of America National Trust & Savings Ass'n v. Lamb Finance Co.California Court of Appeal · 1956
  2. Yager v. Exchange National BankNebraska Supreme Court · 1897
  3. Heston v. DouganIndiana Court of Appeals · 1911
  4. Locke v. MoultonCalifornia Supreme Court · 1901
  5. Beeler v. American Trust Co.California Supreme Court · 1944

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