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HARDY v. JOHNSON

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68 U.S. 371 (1863)

1 Wall. 371

17 L.Ed. 502

HARDY v. JOHNSON.

Supreme Court of United States.

December 28, 1863.

Attorney(s) appearing for the Case

Mr. Train, for the plaintiffs in error.

Messrs. Hepburn and Hill, contra, relied, for the first point, on Stark v. Barrett;† and, for the second, on Yount v. Howell,‡ California decisions, both.

Mr. Justice FIELD delivered the opinion of the court:

This is an action of ejectment for the possession of certain real property, situated in the city of Oakland, in the State of California. The plaintiff below, the defendant in error in this court, alleges in his complaint a seizin in fee and a right to the possession of the entire premises. The proof established and the jury found that he was only seized of an undivided twentieth interest; but the court held that...

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