Lathrop v. Mills
California Supreme Court
Appeal from the Twelfth District. Ejectment for a lot in Redwood city, San Mateo county, forming part of the Pulgas Rancho—the complaint being filed July 11th, 1860, and plaintiff claiming under a patent of that rancho from the United States, dated October 2d, 1857. Defendants pleaded the general issue and the Statutes of Limitations of 1850,1855 and 1856—relying upon the eleventh section of the latter act.
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Appeal from the Twelfth District. Ejectment for a lot in Redwood city, San Mateo county, forming part of the Pulgas Rancho—the complaint being filed July 11th, 1860, and plaintiff claiming under a patent of that rancho from the United States, dated October 2d, 1857. Defendants pleaded the general issue and the Statutes of Limitations of 1850,1855 and 1856—relying upon the eleventh section of the latter act. That act, omitting sections four, five, six, seven, eight and nine, which simply regulate the setting up by defendant of any claim for improvements by way of offset to the legal title to…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
The question presented by the record is this: Is that part of the eleventh section of the Act of 1856, (Stat. 1856) which declares that a suit on a patent shall be brought within two years from the date of the patent, constitutional ?
It is admitted that the Act of 1856, in its general features, is unconstitutional; and such has been the decision of this Court. But now it is insisted that though the general provisions of the act are unconstitutional, yet that this particular provision is constitutional, and therefore is valid, notwithstanding the invalidity…
2Cited by12 opinions
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