Sawyer

Clark v. Sawyer

Good Law
1 Cal. Unrep. 573
Supreme Court of CaliforniaApril 12, 1870No. 1675California1,476 words

Opinion

Lead Opinion

Wallace, J.

— The appellant (who claims under a deed executed by Bryant to Reuben Clark in 1853), having established, by proof, a legal title to the premises in the adverse possession of the respondents, the latter attempted to show in themselves an older deraignment from the same source of title.

In order to do this, they put in evidence the records of two judgments rendered in San Francisco, in the court of first instance, one in March, the other in April, 1850, in favor of Starkey, Janion & Co., and against Bryant.

They then proved that upon these judgments writs of fieri facias came to the hands of Sublett, the sheriff of the then district of San Francisco, and were levied by him upon the premises before the fifteenth day of April, 1850, at which time the court of first instance, and its officers, became superseded by the organization of the state government.

It appeared that the record of the Starkey, Janion judgments came into the lawful possession of the district court of the fourth judicial district before the nineteenth day of April, 1850, and on that day that tribunal,-on motion of the attorney of Starkey, Janion & Co., made and entered an order in the following words:

Upon the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.