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1 Cal. Dist. Ct. 148

Morrison v. Wilson

California District Court

Decided July 15, 1857

California District Court · decided 1857-07-15

Action to recover possession of fifty vara lot No. 786, situate at the southwest corner of Fremont and Harrison streets. The complaint alleges that on the 21st September, 1853, one Henry A. Ford was owner in fee simple of the premises, and in their actual and exclusive possession, and that he mortgaged the same to Dennis GL Perkins. In July, 1856, Perkins obtained a decree of foreclosure, and sale of the property, and became the purchaser at Sheriff’s sale himself.

Decided 1857-07-15

Norton, J.

¶1charged the jury, that if plaintiff showed to their satisfaction that Ford had possession of the lot prior to defendant, the plaintiff was entitled to recover. If the jury found Wilson was in possession under Ford, the plaintiff must recover. If they believed Ford executed the mortgage, and Wilson stood by and saw Ford sign the same, and made no claim to the property, he, Wilson, is estopped from denying Ford’s title; and finally, if they found Ford was the original party in possession, plaintiff was also entitled to a verdict in his favor.

¶2The jury found for plaintiff.

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