Smith v. Cunningham
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Searls, C.
This action was brought to recover a quantity of hay or its value.
Plaintiffs had judgment.
Defendant moved for a new trial, which was refused, and the cause comes up on appeal from the judgment and order denying the motion for a new trial.
In October, 1882, plaintiff Mary "V. Smith entered upon the northwest quarter of section 17, township 3 north, range 9 east, M. D. M., in good faith as a pre-emption claimant, claiming the right to pre-empt the same under the laws of the United States, and has ever since occupied and cultivated and has been continuously in the actual and exclusive…
2Cases cited2 opinions
- Martin v. ThompsonCalifornia Supreme Court · 1882
- Pennybecker v. McDougalCalifornia Supreme Court · 1873
3Cited by4 opinions
- California Delta Farms, Inc. v. Chinese American Farms, Inc.California Supreme Court · 1928
- Grossman v. Yip WingCalifornia Court of Appeal · 1923
- Cross v. RobinsonWyoming Supreme Court · 1927
- Hovsepian v. EskenderCalifornia Court of Appeal · 1924