Hellman v. Jones
California Supreme Court
Appeal from a judgment for the plaintiffs, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J. The land in controversy, as appears by the findings, was selected by the State April 22nd, 1868, and listed to the State November 24th, 1871, and a certificate of purchase issued to the plaintiffs’ predecessor in interest, May 9th, 1872. The defendant settled upon the land in July, 1872.
1Opinion of the Court
McKinstry, J.:
The action is ejectment, the plaintiffs claiming title through a patent from the State of California. Defendant Jones is in possession of the land, and claims right thereto as a pre-emption settler. The jury found special facts and a general verdict for defendant Jones. The court below set aside the general verdict, and gave judgment for plaintiffs upon special findings. The land in lieu of which the land in dispute was applied for by the assignor of plaintiffs was at the date of the application within the exterior limits of a Mexican grant, the final survey of which has never…
2Cases cited1 opinion
- Rosecrans v. DouglassCalifornia Supreme Court · 1877