Broad v. Broad
California Supreme Court
Appeal from the Fifteenth District Court, City and County of San Francisco. Action for a partition of the premises in controversy, and for the rents, issues and profits for the ten years next preceding. Judgment was for defendant, and plaintiffs appealed. The other facts are stated in the opinion- On the death of plaintiffs’ mother, one hall of the premises went to them, as tenants in common with defendant.
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Appeal from the Fifteenth District Court, City and County of San Francisco. Action for a partition of the premises in controversy, and for the rents, issues and profits for the ten years next preceding. Judgment was for defendant, and plaintiffs appealed. The other facts are stated in the opinion- On the death of plaintiffs’ mother, one hall of the premises went to them, as tenants in common with defendant. (Act April 17th, 1850, p. 254, defining rights of husband and wife, Secs. 9, 11, 12 ; Hittell’s Dig., Secs. 3571, 3573, 3574 ; Panaudv. Jones, 1 Cal. 512 ; Beard v. Knox, 5 Cal. 252;…
1Opinion of the Court
Bhodes, C. J.,
delivered tbe opinion of tbe Court, Temple, J., Wallace, J., and Crockett, J., concurring:
Tbe premises in controversy, are a portion of a lot in San Francisco, which was granted by tbe Alcalde to a person named in tbe grant. Sucb title to tbe premises in controversy, as bad passed by tbe Alcalde’s grant, vested in tbe defendant and bis wife, in 1852, as community property. Tbe wife died in 1858. Tbe plaintiffs are her children. They claim tbat they, together with their father — the defendant— are tenants in common of tbe premises ; tbat each of tbe plaintiffs bold tbe title to…
2Cited by10 opinions
- Stewart v. StewartCalifornia Supreme Court · 1926
- Gregory v. SpiekerCalifornia Supreme Court · 1895
- Johnston v. S.F. Savings UnionCalifornia Supreme Court · 1888
- Broad v. MurrayCalifornia Supreme Court · 1872
- Johnston v. BushCalifornia Supreme Court · 1874
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