Preston v. Hill
California Supreme Court
Appeal from the District Court, Seventh Judicial District, County of Marin. Bobert J. Preston and his two sons, J. M. and B. M. Preston, the plaintiffs here, were the claimants of, and were in possession of a tract of land known as Preston’s Point, lying on the bay of Tómales, county of Marin. The tract contained about eight hundred acres.
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Appeal from the District Court, Seventh Judicial District, County of Marin. Bobert J. Preston and his two sons, J. M. and B. M. Preston, the plaintiffs here, were the claimants of, and were in possession of a tract of land known as Preston’s Point, lying on the bay of Tómales, county of Marin. The tract contained about eight hundred acres. A part of it was dry land, being a portion of a larger tract known as the “Rancho Bolsa de Tómales,” and a part was swamp and overflowed land, lying on the bay adjacent thereto. The rancho had been rejected as a Mexican grant, and the Prestons claimed the…
1Opinion of the Court
By the Court, Crockett, J.:
This cause was here on a former appeal, which was decided at the October term, 1869. On that appeal it appeared that at the trial, the plaintiffs offered evidence tending to support the defenses set up in their answer in the foreclosure suit; but the court below excluded the evidence, and this ruling was the principal error relied upon. We reversed the judgment upon this ground; and this was the only point decided on that appeal. On the return of the cause to the District Court, it was tried anew and a judgment entered for the defendants, from which the plaintiffs…
2Cases cited5 opinions
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3Cited by43 opinions
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- Smith v. WhittierCalifornia Supreme Court · 1892
- Webster v. WebsterCalifornia Supreme Court · 1932
- Witaschek v. WitaschekCalifornia Court of Appeal · 1942
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