Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 7Bancroft-Whitney, 1909 |
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Halaman 8
... easement in controversy was open , notorious , peaceable and contin- uous for the statutory period , and with the ... EASEMENT PAROL SALE OF RIGHT OF WAY - ADVERSE USE . - A legal grant of an easement will be pre- sumed on proof of the ...
... easement in controversy was open , notorious , peaceable and contin- uous for the statutory period , and with the ... EASEMENT PAROL SALE OF RIGHT OF WAY - ADVERSE USE . - A legal grant of an easement will be pre- sumed on proof of the ...
Halaman 10
... easement was open , notorious , peaceable , continuous for the statutory period and with the knowledge and acquiescence of the defendants . There is only one proposition concerning which there can be any difference of opinion , and that ...
... easement was open , notorious , peaceable , continuous for the statutory period and with the knowledge and acquiescence of the defendants . There is only one proposition concerning which there can be any difference of opinion , and that ...
Halaman 11
... easement , citing American Co. v . Bradford , 27 Cal . 361 ; De Frieze v . Quint , 94 Cal . 663 , [ 28 Am . St. Rep . 151 , 30 Pac . 1 ] ; Ball v . Kehl , 95 Cal . 613 , [ 30 Pac . 780 ] ; San Francisco & S. J. V. Ry . Co. v . Leviston ...
... easement , citing American Co. v . Bradford , 27 Cal . 361 ; De Frieze v . Quint , 94 Cal . 663 , [ 28 Am . St. Rep . 151 , 30 Pac . 1 ] ; Ball v . Kehl , 95 Cal . 613 , [ 30 Pac . 780 ] ; San Francisco & S. J. V. Ry . Co. v . Leviston ...
Halaman 12
... easement was adverse and un- der a claim of right . Appellant , among other things , testified : " It was always un- derstood by everybody that those tracks were to be used in conjunction with the slaughter - house . The tracks were put ...
... easement was adverse and un- der a claim of right . Appellant , among other things , testified : " It was always un- derstood by everybody that those tracks were to be used in conjunction with the slaughter - house . The tracks were put ...
Halaman 13
... easement followed by possession , use and enjoyment of it , with the knowledge of the grantor or donor for over five years invests the grantee or donee with an abso- lute title to the right of way or easement . " ( Ashley v . Ash- ley ...
... easement followed by possession , use and enjoyment of it , with the knowledge of the grantor or donor for over five years invests the grantee or donee with an abso- lute title to the right of way or easement . " ( Ashley v . Ash- ley ...
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adverse possession affidavit affirmed alleged amended answer application bill of exceptions cause of action charged Civil Procedure claim Code of Civil Company complaint concurred contract corporation damages deceased declared deed defendant defendant's demurrer district attorney easement election Emily G entitled error evidence execution facts favor fendant filed finding fraud Fresno county granted grantor ground habeas corpus held homestead indictment injury instruction judge judgment and order jurisdiction juror jury land lease lien Los Angeles County ment mortgage motion negligence notice objection opinion order denying owner paid party payment Penal Code person petition petitioner plaintiff pleaded possession premises prior prosecution purchase question quiet title reason record refused Respondent rule statute sufficient Superior Court supreme court sustained testified testimony therein thereof tion trial court trust unlawful verdict witness writ
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Halaman 253 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Halaman 68 - ... the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant...
Halaman 192 - In all other cases, the action must be tried in the county in which the defendants, or some of them, reside at the commencement of the action.
Halaman 332 - Fear, such as will constitute extortion, may be induced by a threat : 1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his or to any member of his family ; or 2.
Halaman 652 - The voluntary appearance of a defendant is equivalent to personal service of the summons and copy of the complaint upon him.
Halaman 248 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt...
Halaman 202 - The homestead is subject to execution or forced sale in satisfaction of judgments obtained: 1. Before the declaration of homestead was filed for record, and which constitute liens upon the premises. 2. On debts secured by mechanics, contractors, subcontractors, artisans, architects, builders, laborers of every class, materialmen's or vendors
Halaman 292 - The declaration of homestead must contain: 1. A statement, showing that the person making it is the head of a family, and, if the claimant is married, the name of the spouse; or when the declaration is made by the wife, showing that her husband has not made such declaration and that she therefore makes the declaration for their joint benefit; 2. A statement that the person making it is residing on the premises, and claims them as a homestead; 3.
Halaman 364 - That the testimony of an accomplice ought to be Viewed with distrust, and the evidence of the oral admissions of a party with caution.
Halaman 147 - The vital principle is, that he who, by his language or conduct, leads another to do what he would not otherwise have done, shall not subject such person to loss or injury by disappointing the expectations upon which he acted.