Thompson v. Felton
California Supreme Court
Appeal from an order granting defendants a new trial, in the Fourth District Court, City and County of San Francisco, Morrison, J. The facts are stated in the opinion, and in the report of the case on the former appeal. (44 Cal. 505.)
1ConcurrenceThornton, J.
In concurring in the opinion of my brother, Sharpstein,-1 desire to add, that, in my judgment, the attornment of Osborn to Moss was made under conditions which brought it within the section of the Act of 1855, referred to in the case of Thompson v. Pioche, 44 Cal. 508. As had been held by the Supreme Court in Leese v. Clark, 18 Cal. 535, and 29 Cal. 387, years prior to the decision in 44 Cal., and affirmed by the United States Supreme Court, (Beard v. Federy, 3 Wall. S. C. 491) the patent is record evidence of an adjudication, conclusive in its character, that Moss was entitled to the land…
2Cases cited5 opinions
- Thompson v. PiocheCalifornia Supreme Court · 1872
- Leese v. ClarkCalifornia Supreme Court · 1861
- Simers v. SaltusNew York Supreme Court · 1846
- Whalin v. . WhiteNew York Court of Appeals · 1862
- Warren v. HallCourt of Appeals of Kentucky · 1838