Pierce v. Felter
HENRY PIERCE v. A. J. FELTER
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court :
The only question presented in this case is whether the owner of an estate or interest in land, less than an estate in fee, can maintain an action for the determination of an adverse claim made by another person. We think that he can. The Code of Civil Procedure (sec. 738) provides, in terms, that an action may be brought by any person against another who claims an estate or interest in real property adverse to him, for the purpose of determining such adverse claim.
We are unable to see any reason why the benefit of this statute, remedial in its character, should be confined to estates in fee, when the words employed by the Legislature embrace every interest or estate in lands of which the law takes cognizance.
Judgment reversed and cause remanded for a new trial. Remittitur forthwith.
Cited by
- Schipper v. Penkalski Civ. 2753 · 1941-07-11
- Langstaff v. Mitchell Docket No. 4448. · 1931-12-24
- German-American Sav. Bank v. Gollmer L.A. No. 2269. · 1909-06-18
- Stephenson v. Deuel S. F. No. 994 · 1899-09-06
- Pennie v. Hildreth No. 13127 · 1889-10-14
- McKinnie v. Shaffer No. 12222 · 1888-01-28
- Mora v. Le Roy No. 7,538 · 1881-07-01