Smith v. Dall

Terry, C. J. delivered the following opinion :

This is an action of ejectment for a lot in San Francisco: both parties deraign title from the same source, through various mesne conveyances; the defendant claiming under a prior unrecorded title, accompanied by possession in himself or his tenants.

It appears from the record that the premises in question were originally granted by T. M. Leavenworth, Alcalde of San Fran*511cisco, to Charles Richardson, who, acting by his Attorney, John II. Brown, conveyed the same to Malachi Fallon, by a deed which was never recorded.

Afterwards the same property was…