Leese v. Clark
California Supreme Court
Appeal from the Twelfth Judicial District. This was an action of ejectment to recover the possession of two one hundred-vara lots, situated within the city and county of San Francisco.
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Appeal from the Twelfth Judicial District. This was an action of ejectment to recover the possession of two one hundred-vara lots, situated within the city and county of San Francisco. The plaintiff relied for a recovery of the premises upon a grant made to himself and Salvador Vallejo, on the twenty-first of May, 1839, by Juan B. Alvarado, then Mexican Governor of the Department of California; and upon a patent of the United States, issued to them on the third day of March, 1858, upon the confirmation of the grant, pursuant to the Act of Congress of March 3d, 1851; and the approved survey of…
1Opinion of the CourtField, C. J.
This case was before this Court at the July term, 1861. It is an action of ejectment for certain premises situated within the city of San Francisco, in which the plaintiff claims under a grant of the former Mexican Governor of California, made to himself and Vallejo, in May, 1839, and a patent of the United States issued upon its confirmation, in March, 1858; and the defendants claim under certain American Alcalde grants made in 1847. Upon the first trial of the case, it was contended by the defendants that the premises in controversy, being town lots of the pueblo of San Francisco, existing…
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