Rego v. Pelt
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County. Action of ejectment to recover an undivided one half of certain described premises. In 1851, one Lewis, without title, conveyed the premises to one Joseph Evans, who went into possession. In 1854, Evans conveyed them to respondent Rego and one Hammond, and Hammond went into possession. In 1857, Hammond conveyed all his right and title to appellant Van Pelt, who went into possession.
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Appeal from a judgment of the Superior Court of Santa Clara County. Action of ejectment to recover an undivided one half of certain described premises. In 1851, one Lewis, without title, conveyed the premises to one Joseph Evans, who went into possession. In 1854, Evans conveyed them to respondent Rego and one Hammond, and Hammond went into possession. In 1857, Hammond conveyed all his right and title to appellant Van Pelt, who went into possession. At the time of the conveyance from Evans to Hammond and Rego, Rego was only four or five years old, and resided out of the State until a short…
1Opinion of the Court
The Court.
Appellant says plaintiff and the grantor of defendant were not tenants in common because their grantor —Evans—had no estate or interest in the premises, founded upon title or rightful possession. But Evans had actual possession and delivered such possession to his grantees. In ejectment neither is plaintiff called on to show a right of possession in a person from, whom both he and defendant deraign, nor can defendant assail the title of the common grantor. The unity of *256possession, where both derive from, the same source, cannot be denied by either.
The deed from Evans and wife to…
2Cases cited7 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Frey v. CliffordCalifornia Supreme Court · 1872
- Lawrence v. BallouCalifornia Supreme Court · 1869
- Carpentier v. WilliamsonCalifornia Supreme Court · 1864
- People v. WilliamsCalifornia Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Manhattan Beach v. Superior CourtCalifornia Supreme Court · 1996
- Moore v. HoarCalifornia Court of Appeal · 1938
- Taylor v. OpperMarCalifornia Supreme Court · 1889
- Myers v. City of OceansideCalifornia Court of Appeal · 1907
- Wholey v. CavanaughCalifornia Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.