Wright v. Carpenter
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Tolo. Ejectment to recover the north-west quarter of section twenty-six, in township eleven north, range two east, Mount Diablo base and meridian.
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Appeal from the District Court, Sixth Judicial District, County of Tolo. Ejectment to recover the north-west quarter of section twenty-six, in township eleven north, range two east, Mount Diablo base and meridian. The plaintiff claimed title to the demanded premises by virtue of a patent from the State of California, conveying the same to him as a part of the grant of the swamp and overflowed land to the State, by the Act of Congress of September 28, 1850. The patent was dated September 21, 1862. The defendant Laugenour claimed title by virtue of a patent issued to his grantor, as a…
1Opinion of the Court
By the Court, Crockett, J.:
The action is ejectment, and the principal contest is whether the demanded premises passed to the State as swamp and overflowed land, under what is known as the Arkansas Act. At the trial the Court sent the jury to view the premises in controversy, as authorized by section 610 of the Code of Civil Procedure; and at the close of the testimony, on the request of the plaintiff, gave to the jury the following, among other instructions:
“Ninth. The jury, under the order of this Court, proceeded to view and examine the lands in controversy, and they are at liberty, and it…
2Cited by14 opinions
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