Berniaud v. Beecher (1888) · DecisionDepot

Berniaud v. Beecher

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jun 5, 1888 No. No. 12378Published

Before: Thornton

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Holding. The court erred by permitting a witness to testify regarding the ownership of property based on general reputation.

Issues

Whether testimony regarding property ownership based on general reputation is admissible.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“The court erred in allowing the following question to be put to one Daniel Meader, who was called as a witness for plaintiff: “ Do you know, by general reputation, who owned the west one half of block 229?””

Synopsis

Evidence — Title to Land—General Reputation as to Ownership.— Evidence of general reputation as to ownership is inadmissible to prove title to land.

Thornton, J. The court erred in allowing the following question to be put to one Daniel Meader, who was called as a witness for plaintiff: “ Do you know, by general reputation, who owned the west one half of block 229?” The question was answered by witness that it was by general reputation said to be the property of Mrs. Rosina Berniaud. Mrs. Berniaud is the person for whom this action is prosecuted by J. M. Hogan, her guardian [395]ad litem. We find no other error in the record. Judgment reversed and cause remanded.

McFarland, J., and Sharpstein, J., concurred.

Hearing in Bank denied.

Berniaud v. Beecher

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