Stafford v. Lick
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action in ejectment, for an unimproved fifty-vara lot, numbered 195, situated on the south side of Pacific street, between Sansome and Montgomery, in San Francisco, upon a title derived directly from Maximo Z. Fernandez, the grantee under the municipal government of Yerba Buena.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action in ejectment, for an unimproved fifty-vara lot, numbered 195, situated on the south side of Pacific street, between Sansome and Montgomery, in San Francisco, upon a title derived directly from Maximo Z. Fernandez, the grantee under the municipal government of Yerba Buena. The defendants answer separately, and each sets up title to an undivided half of the lot; also claiming under Fernandez, by purchase from Jesus Hoe. The instrument under which Hoe claimed title, and the defendant…
1Opinion of the CourtTerry, C. J.
Field, J., and Burnett, J., concurring.
This is an action of ejectment, for a lot in San Francisco.
Both parties deraign title from the same source, defendants claiming under a paper executed on the 6th of October, 1846, which is in the following words:
“By this present, I give ample and sufficient power to Don *17José de Jesus Noé to use or dispose of my lot, which I hold (or have) granted, as may seem best to him; and, in testimony, I give the present power, in the place of Yerba Buena, the 6th day of October, 1846. Maximo Z. Fernandez.”
And the main question raised by the record is, whether this…
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