California Supreme Court July 1, 1863 (Fogarty v. Sawyer)

Cope, C. J.

delivered the opinion of the Court—Norton, J. and Crocker, J. concurring.

This is an action to recover a fifty-vara lot, in the City of San Francisco. The parties deraign title from the same source—the plaintiff under a conveyance executed in June, 1854, and the defendant under a sale made in October, 1852, in pursuance of a power contained in a mortgage.