Lestrade v. Barth
California Supreme Court
Appeal from the Fourth District. Ejectment for a lot in San Francisco, commencing at a point on the north side of Pacific street one hundred and sixty-seven and one-half feet westerly from the north-west corner of Kearny and Pacific streets, and running west twenty-seven feet eight inches by a depth of one hundred and thirty-seven and one-half feet, being a part of fifty vara lot, No. 48, on the map of said city.
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Appeal from the Fourth District. Ejectment for a lot in San Francisco, commencing at a point on the north side of Pacific street one hundred and sixty-seven and one-half feet westerly from the north-west corner of Kearny and Pacific streets, and running west twenty-seven feet eight inches by a depth of one hundred and thirty-seven and one-half feet, being a part of fifty vara lot, No. 48, on the map of said city. The following diagram shows the position of the lot: The pleadings are stated in the opinion of the Court. At the trial, plaintiff read in evidence a stipulation, wherein it was…
1Opinion of the CourtField, C. J.
Norton, J. concurring.
This is an action of ejectment to recover the possession of certain premises situated in the city of San Francisco. The complaint is in the ordinary form. Both parties deraign title from the same source—from Vardeman Bennett, to whom an Alcalde grant of lot designated No. 48 on the map of the city, embracing the premises in controversy, was issued in 1847. Bennett died in August, 1849; and the plaintiff claims by conveyance from his heirs, and upon the evidence produced by him presents a prima facie case entitling him to recover. To the action, the defendant by his…
2Cases cited4 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Penziner v. West American Finance Co.California Supreme Court · 1937
- Hunter v. WatsonCalifornia Supreme Court · 1859
- Clopton v. MartinSupreme Court of Alabama · 1847
3Cited by47 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Ward v. WatermanCalifornia Supreme Court · 1890
- Follette v. Pacific Light & Power Corp.California Supreme Court · 1922
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