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44 Cal. 228

Broad v. Murray

California Supreme Court

Decided July 1, 1872

California Supreme Court · decided 1872-07-01

This was an action for the partition of a portion of a city lot, and of the rents and profits of the property for the preceding ten years. The defendant, Broad and his wife, acquired the title to the lot in 1852, by purchase from Logan, the grantee of the Alcalde, and held it as community property until 1858, when the wife died. The plaintiffs are the children of the wife.

Relies on Vermule v. Shaw · Polhemus v. Carpenter · Broad v. Broad

Good law ✅— No negative treatment on recordhow we know

Decided 1872-07-01

How this case has been cited

Cited by 12 later decisions (1 by the Supreme Court) — most recently September 1926

11 state decisions

50187218801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court, Niles, J.:

¶1We cannot disregard the findings of the Court, upon the ground that they were filed subsequent to the entry of the judgment. It has been held that the Practice Act is merely directory, as to the time of filing the findings, and as to the order of filing in relation to the entry of the judgment. (Vermule v. Shaw, 4 Cal. 216; Polhemus v. Carpenter, 42 Cal. 375.)

¶2It is evident that the principles announced by this Court in Broad v. Broad, 40 Cal. 493, are decisive of this case. Charles Broad was a tenant in common with the plaintiff's of the land in controversy at the date of his conveyance to William Martin. The plaintiffs have never parted with their *230title, and have still an interest in the land which entitles them to some measure of relief. The findings were based upon the theory of an entire want of title in the plaintiffs, and do not sufficiently inform us of the relative rights of the parties to enable us to direct the manner of partition.

¶3Judgment reversed, and cause remanded for a new trial.

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