Keeran v. Griffith
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. Plaintiff claimed under a patent issued by the State to his grantor, from which it appeared that the State had sold the land as swamp and overflowed. Defendant claimed under the Federal Homestead Act, and denied that the land was swamp and overflowed. On the trial plaintiff, to maintain the issue on his part, offered in evidence a patent issued by the State to his grantor.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. Plaintiff claimed under a patent issued by the State to his grantor, from which it appeared that the State had sold the land as swamp and overflowed. Defendant claimed under the Federal Homestead Act, and denied that the land was swamp and overflowed. On the trial plaintiff, to maintain the issue on his part, offered in evidence a patent issued by the State to his grantor. Defendant objected to the patent being received until it was first shown that the land was “swamp and overflowed ” within the true meaning of the…
1Opinion of the Court
By the Court, Rhodes, J.:
This case was formérly before the Court, and is reported in 27 Cal. 87. On that appeal it was held that the Court erred in instructing the jury that the character of the lands, as to their being dry lands, ¿r swamp and overflowed lands, was conclusively established by the survey made under the authority Of the General Government. The complaint now comes from the other party, the defendant,"who contends that the Court" erred in • admitting the patent from the State as “presumptive evidence that, the land was swamp and overflowed land,” and in instructing the" juiy that…
2Cases cited2 opinions
- Robinson v. ForrestCalifornia Supreme Court · 1865
- Kernan v. GriffithCalifornia Supreme Court · 1864
3Cited by6 opinions
- Tubbs v. WilhoitCalifornia Supreme Court · 1887
- Territory of Montana v. PoulierMontana Supreme Court · 1888
- American Emigrant Co. v. Rogers Locomotive Machine WorksSupreme Court of Iowa · 1891
- Keeran v. AllenCalifornia Supreme Court · 1867
- Keeran v. GriffithCalifornia Supreme Court · 1868
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