Reports of Cases Determined in the Supreme Court of the State of California, Volume 40Bancroft-Whitney, 1906 |
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Halaman 34
... motion , it must appear that the locator repudiated the title of the State , and claimed to hold , not under that title , but in hostility to it . ADVERSE POSSESSION . POSSESSION UNDER VENDOR NOT ADVERSE ΤΟ VENDOR'S TITLE.- Where the ...
... motion , it must appear that the locator repudiated the title of the State , and claimed to hold , not under that title , but in hostility to it . ADVERSE POSSESSION . POSSESSION UNDER VENDOR NOT ADVERSE ΤΟ VENDOR'S TITLE.- Where the ...
Halaman 44
... motion having been denied , the defendants have appealed . For the pur- poses of the motion and of this appeal , the allegations of the complaint must , therefore , be taken as true . The claim of the plaintiffs to the relief demanded ...
... motion having been denied , the defendants have appealed . For the pur- poses of the motion and of this appeal , the allegations of the complaint must , therefore , be taken as true . The claim of the plaintiffs to the relief demanded ...
Halaman 56
... motion in such a case , it must ap- pear that the purchaser repudiated the title of the vendor , and claimed to hold , not under that title , but in hostility to it . The statute will commence to run only from the time when the ...
... motion in such a case , it must ap- pear that the purchaser repudiated the title of the vendor , and claimed to hold , not under that title , but in hostility to it . The statute will commence to run only from the time when the ...
Halaman 70
... motion for a new trial . The other facts are stated in the opinion . Wm . Ewing , for Appellants . Pendegast & Stoney , for Respondent . RHODES , C. J. , delivered the opinion of the Court , CROOK- ETT , J. , TEMPLE , J. , and WALLACE ...
... motion for a new trial . The other facts are stated in the opinion . Wm . Ewing , for Appellants . Pendegast & Stoney , for Respondent . RHODES , C. J. , delivered the opinion of the Court , CROOK- ETT , J. , TEMPLE , J. , and WALLACE ...
Halaman 77
... MOTION FOR A NEW TRIAL . A statement on a motion for a new trial , which does not specify particularly wherein the evidence is insufficient to sustain the judgment , nor any error alleged to have occurred at the trial , is insufficient ...
... MOTION FOR A NEW TRIAL . A statement on a motion for a new trial , which does not specify particularly wherein the evidence is insufficient to sustain the judgment , nor any error alleged to have occurred at the trial , is insufficient ...
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Istilah dan frasa umum
acquired admitted adverse possession alleged answer Argument for Appellant Argument for Respondent assessment authority averment Barb Board Brenham California Catherine Hayes cause of action citizens City and County claim Colus complaint concurring Congress Constitution contract convey conveyance corporation counsel County of San Court of equity CROCKETT damages debt decree deed defendant defendant's delivered the opinion demand demurrer District Court entitled equity evidence execution facts filed foreclosure grant ground held IDEM indictment injury intention Jimeno judgment jurisdiction jury legal title lien ment Mexican misjoinder mortgage motion negligence notice owner paid party patent payment person plaintiff pleadings possession Practice Act premises proceedings purchase question quiet title rendered RHODES rule San Francisco Section Sheriff Sheriff's deed SPRAGUE statement Statute of Limitations TEMPLE tide lands tion tract trial Trustees United valid verdict void WALLACE writ Yuba County
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Halaman 312 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
Halaman 106 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Halaman 314 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted, as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States ; and, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Halaman 326 - The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States...
Halaman 323 - Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please , without their being subjected on this account to any contribution, tax, or charge whatever. Those who shall prefer to remain in the said territories may...
Halaman 289 - This is plainly a contract to which the donors, the trustees, and the crown, (to whose rights and obligations New Hampshire succeeds,) were the original parties. It is a contract made on a valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which real and personal estate has been conveyed to the corporation. It is, then, a contract within the letter of the constitution, and within its spirit also...
Halaman 511 - Taxation shall be equal and uniform throughout the State. All property in this State shall be taxed in proportion to its value, to be ascertained as directed by law...
Halaman 120 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Halaman 45 - An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights...
Halaman 312 - Our Constitution declares a treaty to be the law of the land. It is, consequently to be regarded in the courts of justice, as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.