California Supreme Court July 1, 1870, No. 1,964 (Brenham v. Story)

Temple, J.,

delivered the opinion of the Court:

This is an action to recover real estate. Judgment was rendered for the plaintiff. This appeal is taken from the judgment and from an order denying defendant’s motion for a new trial.

Both parties claim under Charles White, who purchased the property in 1850, then being the husband of the present Mrs. Allen, wife of Charles E. Allen.