Barney

Barney v. Pforr

Good Law
117 Cal. 56·1897 Cal. LEXIS 618·48 P. 987
Supreme Court of CaliforniaMay 21, 1897S. F. No. 482California768 words

Opinion

Lead Opinion

Searls, J.

This is an action of ejectment to recover possession of a parcel of land in the southerly part of the city and county of San Francisco.

Defendant denied the title of plaintiffs, and pleaded the bar of the statute of limitations as provided by sections 318 and 319 of the Code of Civil Procedure.

At the trial a nonsuit was granted on motion of defendant, and plaintiffs appeal from an order of the court denying their motion for a new trialx

The question involved turns upon the propriety of a ruling of the court excluding a deed of conveyance of the property in question by the Islais and Salinas Water Company (a corporation) to Henry B. Potter and Abel Wade, dated January 2, 1861.

Plaintiffs claimed under said Potter and Wade. A like deed from the same grantor to Charles Mayne was the subject of a like ruling, but, as the deed first indi *58 cated presents the question fully, further mention of the Mayne deed is unnecessary.

The deed to Potter and Wade describes the grantor as follows: “The Islais and Salinas Water Company, a corporation duly formed under the laws of the state of California, having its principal place of business in the city and county of San Francisco, of the…

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