Kidder v. Stevens
California Supreme Court
Appeal from a judgment for the defendant and from an order denying a new trial in the Superior Court of the County of Santa Clara. Spencer, J. The following is the statement of Houghton referred to in the opinion.
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Appeal from a judgment for the defendant and from an order denying a new trial in the Superior Court of the County of Santa Clara. Spencer, J. The following is the statement of Houghton referred to in the opinion. Mr. Houghton, of counsel for defendant, here made a statement in reference to the ranch on the Coyote, alluded to in the testimony as follows, which plaintiff’s counsel agreed to hut objected that it was irrelevant: “The property on the Coyote was deeded to S. J. Hensley as trustee for Mary Kidder, anfimber of years ago by her brother by way of gift-^-he claiming under what is known…
1ConcurrenceMcKinstry, J.
I concur in the judgment. It has been repeatedly held here that ownership—seisin in law—is to be treated as a fact both in pleadings and in findings. The seisin of plaintiff at the commencement of the action and the possession of the defendant at the commencement of the action are, under our system, the material facts to be alleged and proved by plaintiff in the class of actions which, for the want of a better name is called “ejectment.” As said by Mason, J., in Walter v. Lockwood, 23 Barb. 233, “the facts constituting plaintiff’s cause of action in this case are that he has lawful title *422as…
2Cases cited4 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- People v. Mayor of New YorkNew York Supreme Court · 1858
- People v. MayorNew York Supreme Court · 1858
- Walter v. LockwoodNew York Supreme Court · 1856