Fremont v. Seals

Baldwin, J. and Cope, J. concurring.

The Court below rendered judgment for the plaintiffs upon the pleadings in the case, and the only question presented for consideration relates to the correctness of its ruling in this respect. The action is ejectment for the possession of certain premises in Mariposa county, title to which the plaintiffs assert under a patent of the United States, issued to Fremont, bearing date on the nineteenth of February, 1856. The defendants in their answer deny, generally, the allegations of the complaint, and at the same time admit the issuance of the patent, and…