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2 Cal. Unrep. 424

Chapman v. Polack

California Supreme Court

Decided December 20, 1884

California Supreme Court · decided 1884-12-20

<p>APPEAL from the Superior Court of the City and County of San Francisco.</p>

Relies on Polack v. Gurnee · Chapman v. Polack

Decided 1884-12-20

ROSS, J.

¶1Most, if not all, of the questions involved in this appeal are substantially determined by the cases entitled Chapman v. Polack, 58 Cal. 553, United States v. Chapman, 5 Saw. 528, Fed. Cas. No. 14,785, and Polack v. Gurnee, No. 8229, 66 Cal. 266, 5 Pac. 229.

¶2We do not find any denial of the averment of the cross-complaint to the effect that the Geyser springs and hotel improvements are located on the N. E. % of section 13. It was therefore an admitted fact in the case, and being so, there was no impropriety in adding to the description of the property in the judgment the words “the same being known as the ‘Geyser Hotel property.’ ”

¶3Judgment and order affirmed.

¶4We concur: McKee, J.; McKinstry, J.

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