Seale v. Mitchell
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, San Francisco County. Ejectment for certain property situated in San Francisco. The plaintiff, to prove his title, offered in evidence a judgment obtained in the Superior Court of San Francisco, by Peter Smith, against the city. Upon this judgment, execution had been issued, and the plaintiff had purchased the property in dispute, at Sheriff’s sale.
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Appeal from the District Court of the Fourth Judicial District, San Francisco County. Ejectment for certain property situated in San Francisco. The plaintiff, to prove his title, offered in evidence a judgment obtained in the Superior Court of San Francisco, by Peter Smith, against the city. Upon this judgment, execution had been issued, and the plaintiff had purchased the property in dispute, at Sheriff’s sale. A deed from the Sheriff to the plaintiff was also submitted, which was objected to by the defendant, on the ground that the time for redemption had not expired. It was admitted that…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
In the case of Cohas v. Raisin, 3 Cal., 443, we decided: '‘That before the military occupation of California by the Army of the United States, San Francisco was a Mexican Pueblo, or municipal corporation, and was invested with title to the land within her boundaries.”
It results from this that where a plaintiff sues for a lot in the former Pueblo of San Francisco, and deraigns his title from the city, it is prima facie evidence of title. In the case of The People ex rel. Thorne v. Hays, 4 Cal., 127, this Court decided that the statute allowing redemption of lands sold…
2Cases cited2 opinions
- Cohas v. RaisinCalifornia Supreme Court · 1853
- People ex rel. Hughes v. GillespieCalifornia Supreme Court · 1850
3Cited by7 opinions
- Evans v. JobNevada Supreme Court · 1873
- Germania Iron Co. v. JamesCourt of Appeals for the Eighth Circuit · 1898
- Vassault v. AustinCalifornia Supreme Court · 1869
- Hayes v. KelleyTennessee Supreme Court · 1903
- Yribarne v. County of San BernardinoCalifornia Court of Appeal · 1963
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