Legal Opinion

Moss v. Shear

California Supreme Court

Decided October 15, 1866PublishedCited by 25 opinions

Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The plaintiff’s patent was issued December 31st, 1857. The action was tried in November, 1864. The defendant appealed. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Sawyer, J.:

This action was commenced October 21st, 1859. The plaintiff introduced a patent from the United States embracing the land claimed, deraigned title under it, proved possession by defendants, and rested. The defendant, for the purpose of showing that the plaintiff’s right of possession had terminated since the commencement of the action, offered in evidence a certified copy of the record of a deed, dated April 25th, 1862, purporting to convey the premises in question from the plaintiff to one J. B. Bayerque; to the introduction of which, plaintiff objected, on the…

2Cases cited10 opinions

  1. Van Maren v. JohnsonCalifornia Supreme Court · 1860
  2. Piercy v. SabinCalifornia Supreme Court · 1858
  3. Coles v. SoulsbyCalifornia Supreme Court · 1862
  4. Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
  5. McMinn v. O'ConnorCalifornia Supreme Court · 1865

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3Cited by25 opinions

  1. Cowdery v. London Etc. BankCalifornia Supreme Court · 1903
  2. Bagley v. WardCalifornia Supreme Court · 1869
  3. Walsh v. HillCalifornia Supreme Court · 1869
  4. Clink v. ThurstonCalifornia Supreme Court · 1873
  5. Reily v. LancasterCalifornia Supreme Court · 1870

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