White v. Moses
California Supreme Court
Appeal from the Twelfth Judicial District. Ejectment by E. A. White, plaintiff, to recover from W. Moses, B. Wheaton, D. Winter, and J. B. Banks, defendants, nine undivided sixteenths of a lot in San Francisco.
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Appeal from the Twelfth Judicial District. Ejectment by E. A. White, plaintiff, to recover from W. Moses, B. Wheaton, D. Winter, and J. B. Banks, defendants, nine undivided sixteenths of a lot in San Francisco. The complaint sets up title and seizin in the plaintiff on the first of January, 1854, and avers an ouster by the defendants at that time, with a subsequent retention of the possession by them, and claims damages for use and occupation in the sum of five hundred dollars. The defendants answer jointly, denying generally the allegations of the complaints, and averring that they are…
1Opinion of the CourtNorton, J.
Cope, J. concurring.
The first objection urged in this case is to the ruling of the Court below in allowing the Alcalde grant to be read in evidence, without proof of the order of the Town Council directing the sale which is recited in the grant.
The Alcalde states in the grant that he makes it by virtue of the authority in him vested, and in pursuance of the order of the Town Council. If the Alcalde had authority to make grants of the pueblo lands, the former of these powers was sufficient to sustain this grant, although the latter may not have existed. The law upon this point, whatever may be…
2Cases cited5 opinions
- Hart v. BurnettCalifornia Supreme Court · 1860
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Cohas v. RaisinCalifornia Supreme Court · 1853
- Welch v. SullivanCalifornia Supreme Court · 1857
- Dewey v. LambierCalifornia Supreme Court · 1857
3Cited by6 opinions
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Hutton v. ReedCalifornia Supreme Court · 1864
- Dawson v. GrowWest Virginia Supreme Court · 1887
- Scott v. DyerCalifornia Supreme Court · 1880
- Hawaiian Commercial & Sugar Co. v. Waikapu Sugar Co.Hawaii Supreme Court · 1894
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