Damrell v. Meyer
California Supreme Court
Appeal from tbe District Court of tbe Fifth District, San Joaquin County. Action of ejectment to recover possession of tbe southerly-forty-seven acres of tbe west half of tbe southeast quarter of Section 18, (T. 2 N. E. 8 E. ) in tbe County of San Joaquin.
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Appeal from tbe District Court of tbe Fifth District, San Joaquin County. Action of ejectment to recover possession of tbe southerly-forty-seven acres of tbe west half of tbe southeast quarter of Section 18, (T. 2 N. E. 8 E. ) in tbe County of San Joaquin. Tbe answer of defendant contains a cross-complaint in wbicb be alleges, that being a qualified pre-emptor in 1850, be entered upon and settled tbe land adjoining tbe land in controversy; tbat be bas ever since claimed and cultivated tbe land in controversy; tbat plaintiff bas used and cultivated tbe remaining tbirty-tbree acres of tbe west…
1Opinion of the CourtRhodes, C. J.
*170Tbe cross-complaint of tbe defendant, does not state facts sufficient to constitute a cause of action. Tbe defendant baying settled on tbe land adjoining tbe land in controversy, and claiming and cultivating tbe land in controversy, as be alleges, in 1850, and tbe township plat having been filed in tbe local Land Office in July, 1858, it became bis duty, if be desired to avail himself of tbe preemption laws authorizing a settlement on unsurveved land, to file bis declaratory statement within three months after tbe filing of tbe township plat. (Megerle v. Ashe, 33 Cal., 30, and see decision of…
2Cases cited1 opinion
- Mudgett v. HorrellCalifornia Supreme Court · 1867
3Cited by13 opinions
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