Wolf
Wolf v. District Court in & for Northern District of California
Opinion
lead Opinion
Hunt, J.
(after stating the facts as above). Stated in brief way, our conclusion is that the judgment of the superior court of the state in case 50811 found the issues of title and possession and right of possession to the real property described in the complaint in the defendants’ favor, and this court will presume that *73 such judgment was supported by evidence, and, the superior court of the state being one of general jurisdiction, that it made findings of fact responsive to the material issues presented and tried before it. The record, shows that the parties went to trial in the state court upon pleadings wherein, by affirmative allegations in the answer, the answering defendants prayed for affirmative relief. By the issues the trial in the state court was had, not alone upon the question of plaintiffs’ title as against defendants’, but also upon the question of the defendants’ title as against the plaintiffs’ title. Moreover, we gather that the question of the right of the defendants to have their title tried out as against the plaintiffs’ title has been argued in certain contempt proceedings had before the superior court of the state and the higher state tribunal, where decisions…