Martin v. Durand
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was ejectment. The plaintiff claimed under the State, and a judgment was rendered in his favor.
1Opinion of the CourtRoss, J.
Upon thequestion of title the inquiry to be made is: Was a State selection made in lieu of a sixteenth or thirty-sixth section, and which had been certified over to the State prior to the passage of the Act of Congress of March 1, 1877, commonly known as the Booth Act, confirmed by that act, when the land in lieu of which the selection was made was, at the time of the selection, included within the final survey of a Mexican grant, and when the land selected was at the same time included within the claimed limits of a Mexican grant, although finally excluded therefrom ? We answer yes, by…
2Cases cited2 opinions
- Taylor v. PalmerCalifornia Supreme Court · 1866
- Miller v. MyersCalifornia Supreme Court · 1873
3Cited by4 opinions
- People ex rel. Eadie v. Noyo Lumber Co.California Supreme Court · 1893
- Green v. HayesCalifornia Supreme Court · 1886
- Haggin v. LorentzMontana Supreme Court · 1893
- Hambleton v. DuhainCalifornia Supreme Court · 1886