Sheridan v. Southern Pac. Co.

Citations

• 179 F. 81
• 102 C.C.A. 375
• 1910 U.S. App. LEXIS 4614

Syllabus

<p>1. Ejectment (§ 116*) — Judgment—Adjudging Validity of Defendant’s Title.</p> <p>In ejectment, where both parties allege title and the evidence sustains that of defendant, it is not error for the court to render an affirmative judgment in his favor, adjudging him to be the owner of the property and entitled to possession.</p> <p>[Ed. Note — For other cases, see Ejectment, Cent. Dig. § 360; Dec. Dig. § 116.*]</p> <p>2. Ejectment (§ 17*) — 'Title to Sustain Action — Deed Intended as Mortgage.</p> <p>Conceding that a deed given as a mere security for an existing debt is not effective to transfer the legal title or right of possession of the mortgaged property from the grantor to the grantee, nevertheless the voluntary surrender of actual possession to the grantee as further security is lawful, and may be effective to create a legal right of possession sufSclent to bar a right of recovery in an action of ejectment by the mortgagor against the mortgagee.</p> <p>[Ed. Note. — For other' cases, see Ejectment, Gent. Dig. §§ 63, 64; Dec. Dig. § 17.*]</p> <p>3. Ejectment (§ 95*) — Title to Sustain Action — Evidence Considered.</p> <p>Evidence considered, and helé insufficient to establish a legal title to real estate in plaintiff which entitled him to recover in ejectment.</p> <p>[Ed. Note. — For other cases, see Ejectment, Gent. Dig. §§ 280-295; Dee. Dig. § 95.*]</p>