Bohall v. Dilla
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This case came before this court from the Supreme Court of California. The'plaintiff in.the-court below, the defendant in error here, was the holder of a patent, of the United States for certain lands situated in Humboldt County;-in that State, issued to him under the pre-emption laws upon proof of settlement and improvement, and the present action is to recover their possession.
Read the full summary
IN ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This case came before this court from the Supreme Court of California. The'plaintiff in.the-court below, the defendant in error here, was the holder of a patent, of the United States for certain lands situated in Humboldt County;-in that State, issued to him under the pre-emption laws upon proof of settlement and improvement, and the present action is to recover their possession. In his complaint he alleged his ownership in fee of the premises on a day designated, the entry thereon of the defendant without license, and the subsequent…
1Opinion of the CourtJustice Field
The system of pleading in civil cases in the courts of California permits an equitable defence to be set up in a special count, by way of cross-complaint, in the answer to an action for the possession of lands. The cross-complaint is in the nature of a bill in equity, and must contain its material allegations, disclosing a case which, if established, would entitle the defendant to a decree enjoining the further prosecution of the adtion, or directing that the title be conveyed to him. This equitable defence is therefore to be first considered, for according to its disposition, Avill the…
2Cases cited5 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Quinby v. ConlanSupreme Court of the United States · 1882
- Estrada v. MurphyCalifornia Supreme Court · 1861
- Arguello v. EdingerCalifornia Supreme Court · 1858
3Cited by50 opinions
- Lee v. JohnsonSupreme Court of the United States · 1885
- SPARKS & Another v. PIERCE & OthersSupreme Court of the United States · 1885
- Monroe Cattle Co. v. BeckerSupreme Court of the United States · 1893
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
- Bernhard v. WallCalifornia Supreme Court · 1921
45 more not listed; retrieve them via the Exa API.