Hess v. Bolinger
California Supreme Court
Appeal from the District Court, Third Judicial District,. County of Santa Clara. The answer of the defendant was claimed to be defective,, in not stating fully the existence of all the facts which entitled the defendant to preempt under the laws of the= United States. The Court below adjudged that the plaintiff should convey the land to the defendant upon being paid what it cost him, and interest thereon. The plaintiff" appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Crockett, J.:
The action is ejectment for the north half of the northeast quarter of section twenty-six, and the plaintiff claims under a patent from the United States for the whole quarter-section, founded on a preemption claim of the plaintiff. The answer alleges that the defendant was a qualified preemptioner, and settled upon and improved the north half of the quarter, and within the proper time filed his declaratory statement in due form, proved upon his claim, and offered to pay the purchase-price; but that the Register' and Receiver wrongfully awarded the land to the…
2Cases cited1 opinion
- Hosmer v. WallaceCalifornia Supreme Court · 1874
3Cited by4 opinions
- Brandt v. WheatonCalifornia Supreme Court · 1877
- Hibernia Savings & Loan Society v. London & Lancashire Fire InsuranceCalifornia Supreme Court · 1903
- Grunsky v. FieldCalifornia Court of Appeal · 1905
- Chapman v. QuinnCalifornia Supreme Court · 1880