Legal Opinion

Morenhout v. Higuera

California Supreme Court

Decided July 1, 1867PublishedCited by 26 opinions

Appeal from the District Court, Third Judicial District, Monterey County. The plaintiffs appealed. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Sanderson, J.:

Ejectment. The plaintiffs allege title to an undivided half of the “ Plain of San Ignacio,” parcel of the Rancho “ Los Tulareitos ” in Santa Clara County, which was granted to José Higuera, now deceased, by the Mexican Government.

The defendants deny the title of the plaintiffs and allege title in themselves. They also plead in bar a former judgment of the Court in another action, to which plaintiffs and defendants were parties, in which it was adjudged and determined that the plaintiffs had no title to the premises.

At the trial the plaintiffs made a case which…

2Cases cited2 opinions

  1. Gray v. DoughertyCalifornia Supreme Court · 1864
  2. De Uprey v. De UpreyCalifornia Supreme Court · 1865

3Cited by26 opinions

  1. De La Vega v. LeagueTexas Supreme Court · 1885
  2. Senter v. De BernalCalifornia Supreme Court · 1869
  3. Gates v. SalmonCalifornia Supreme Court · 1868
  4. Kahn v. KahnCalifornia Court of Appeal · 1977
  5. Fitzgerald v. HerzerCalifornia Court of Appeal · 1947

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