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" 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... "
California Legal Record - Side 83
1878
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The Pacific Reporter, Volum 51

1898 - 1134 sider
...any one of these essential facts were proven by plaintiffs. Section 4538, Rev. St. Idaho, provides that "an action may be brought by any person against...the purpose of determining such adverse claim." We do not understand that this statute does away with the action of ejectment, and the plaintiffs having...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 202

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1906 - 702 sider
...632. It was apparently framed under section 738 of the California Code of Civil Procedure, providing that " an action may be brought by any person against...for the purpose of determining such adverse claim." This statute enlarged the ancient jurisdiction of courts of equity in respect of suits to quiet title,...
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The Pacific Reporter, Volum 13

1887 - 956 sider
...of parties to the mining claim in dispute." Section 476 of our Code provides that "an action maybe brought by any person against another who claims an...adverse to him, for the purpose of determining such ad verse claim." Under such provision of the Code, action may be brought by one in possession. This...
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The Pacific Reporter, Volum 16

1888 - 1022 sider
...то MAINTAIN ACTION — AGAINST ACTUAL ADVERSE POSSESSION. Code Civil Proc. Cal. § 738, provides that "an action may be brought by any person against...estate or interest in real property adverse to him. " Held, that under this sectu>_ an action to quiet title can be maintained, though defendant is in...
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The Pacific Reporter, Volum 19

1889 - 960 sider
...Civil Proc. Gal. § 738, which provides that "an action may be brought by any person against auother, who claims an estate or interest in real property...for the purpose of determining such adverse claim," cannot be brought upon an equitable interest against the holder of the legal title. In bank. Commissioners'...
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The Pacific Reporter, Volum 110

1910 - 1172 sider
...a wife or child. Under the provisions of our statute (section 4538, Rev. Codes), "an action may be claims an estate or Interest In real property adverse...for the purpose of determining such adverse claim." In Coleman v. Jaggers, 12 Idaho, 125, 85 Рас. 894, 118 Am. St. Rep. 207, this court said : "The...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 129

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1889 - 762 sider
...amended by striking out the requirement of the plaintiffs possession, so as to read as follows : " An action may be brought by any person against another who claims an estate or interest in said real property adverse to him, for the purpose of determining such adverse claim." The manifest...
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The Pacific Reporter, Volum 27

1892 - 1156 sider
...tho action an equity caso, under Cal.) HEALD с. Н END Y. 67 Code Civil Proc. Cal. « 738, providing that an action may be brought by any person against another who claims an interest or estate in real property adverso to him, for the purpose of determining such adverse claim....
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The Pacific Reporter, Volum 6

1885 - 968 sider
...the form of judgment to be entered. Section 738 of the Code of Civil Procedure allows an action to be brought by any person against another who claims an estate or interest adverse to him. Its language is very broad. If the plaintiff is out and the defendant is in possession,...
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The Pacific Reporter, Volum 90

1907 - 1164 sider
...have successfully resisted; but It was nevertheless a claim, and under section 738, Code Civ. Proc., an action may be brought by any person against another who claims an Interest in real property adverse to him. The claim of the city was to the flow In a water course....
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