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adverse possession affirmed agreed agreement alleged amended amount answer appellant's assessment attorney bank bond cause heard cause of action charge Civil Procedure claim Code of Civil community property Company complaint concurred construction contention contract corporation court of appeal court of equity damages decree deed defendant defendant's delivered demurrer denied district court Division One.óMarch easement evidence execution facts favor fendant filed finding Fresno County injury instructions issue Judge judgment jury land lease liability lien ment mortgage negligence nonsuit notice opinion owner parties payment person petition petitioner plaintiff pleading possession premises proceedings promissory note purchase purpose question quiet title reason record recover refused Respondent Richvale Roffy rule San Benito County sheriff stipulation street sufficient Superior Court supreme court testified testimony therein thereof thousand dollars tiff tion trial court trustee witness
Page 64 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 701 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.
Page 43 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 636 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 606 - The amount of any loss or damage for which any carrier becomes liable shall be computed at the value of the property at the place and time of shipment...
Page 568 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action...
Page 532 - No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the property in question, within five years before the commencement of the action.
Page 369 - The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains.
Page 758 - A * * * directed verdict may be granted 'only when, disregarding conflicting evidence and giving to plaintiff's evidence all the value to which it is legally entitled, herein indulging in every legitimate inference which may be drawn from that evidence, the result is a determination that there is no evidence of sufficient substantiality to support a verdict in favor of the plaintiff if such a verdict were given.