Sparrow v. Rhoades
California Supreme Court
Appeal from a judgment of the Superior Court of Sonoma County. This is an action in ejectment, brought to recover possession of two tracts of land. The plaintiff bases his claim upon two deeds executed by the defendant, each purporting to convey one of said tracts.
Read the full summary
Appeal from a judgment of the Superior Court of Sonoma County. This is an action in ejectment, brought to recover possession of two tracts of land. The plaintiff bases his claim upon two deeds executed by the defendant, each purporting to convey one of said tracts. The deeds were executed under the following circumstances: To one of these tracts the defendant had a perfect title; to the other he had no title, having simply settled upon it with a view to its pre-emption, it being public land of the United States. The plaintiff desired to purchase the tract to which defendant had title, and the…
1Opinion of the Court
Foote, C.
This is an action of ejectment. The court below, sitting without a jury, gave judgment in favor of the defendant, from which, upon the judgment roll only, the plaintiff appeals.
The points made for the reversal of the judgment are, that under the general denial of the answer to the allegations of the complaint, it was inadmissible to introduce any evidence to show that the consideration of the deed upon which the plaintiff based his title and right of entry was illegal and the deed void; and that the finding of the court upon such evidence was outside of the issues made by the…
2Cases cited4 opinions
- Willson v. CleavelandCalifornia Supreme Court · 1866
- Bell v. Bed Rock Tunnel & Mining Co.California Supreme Court · 1868
- Semple v. CookCalifornia Supreme Court · 1875
- People v. BirchamCalifornia Supreme Court · 1859
3Cited by10 opinions
- Eastman v. GurreyUtah Supreme Court · 1897
- Staley v. HouselNebraska Supreme Court · 1892
- Davies v. SymmesCalifornia Court of Appeal · 1942
- Winberry v. LopezCalifornia Court of Appeal · 1960
- In Re Marriage of JovelCalifornia Court of Appeal · 1996
5 more not listed; retrieve them via the Exa API.