Phelan v. Tyler
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Los Angeles. This was an action of ejectment. The land in controversy was a part of the Rancho de Bartolo Viejo, a Mexican grant, which was patented to Pio Pico, by the United States, August 5, .1881. Both parties claim under executory contracts of purchase, made by Pico prior to the issuance of the patent to him. The other facts are stated hi the opinion.
1Opinion of the CourtSharpsteien, J.
The defendants are the legal representatives of William Standifer and John Dunlap, deceased, and the court finds “that said William Standifer and John Dunlap, in 1873, commenced an action of ejectment against Thomas Phelan for the recovery of the possession of the land described in said answer, to wit, the two small tracts comprising about twenty-one acres from defendants herein, and that such proceedings were afterwards had in said action and upon the trial thereof that a judgment was entered by the District Court in this county,' wherein the same was pending, and in favor of the defendant…
2Cases cited3 opinions
- McCreery v. EverdingCalifornia Supreme Court · 1872
- Ewald v. CorbettCalifornia Supreme Court · 1867
- Byers v. NealCalifornia Supreme Court · 1872
3Cited by21 opinions
- Collison v. ThomasCalifornia Supreme Court · 1961
- Sacks v. FSR Brokerage, Inc.California Court of Appeal · 1992
- Hogan v. Superior CourtCalifornia Court of Appeal · 1925
- Smith v. Bear Valley Milling & Lumber Co.California Supreme Court · 1945
- Boyd v. LancasterCalifornia Court of Appeal · 1939
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