Brumagim v. Bradshaw

39 Cal. 24 (1870)

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Nature of the Case

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Facts

Dyson sued in ejectment but died, and the action was continued by Brumagim (P) his administrator. P alleged that he has possession of a tract of land called Potrero and that Bradshaw (D) was a trespasser without title. D denied the allegations. The evidence showed that Potrero was part of the San Francisco Peninsula and that in 1850, George and John Treat repaired a wall and a ditch so that the area was suitable for cattle and that they erected a gate, and built a small corral, and constructed a shanty for the gatekeeper and that they used the land for pasturage for hire. John relinquished his interests to George, and in 1852, George conveyed the land by deed to Dyson who brought the present suit. The matter went to trial and instructions were given to the jury. The verdict went to P and D appealed from error on the jury instruction.