Legal Opinion

Tubbs v. Wilhoit

Supreme Court of the United States

Decided January 26, 1891No. 450PublishedCited by 36 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This was an. action for the possession of land. The federal questions are stated in the opinion.

1Opinion of the CourtJustice Field

This is an action' for the possession of a parcel of land of about eighty acres in the county of San Joaquin, California, being substantially the south half of the southeast quarter of section 11, in township 1, of that county.

The plaintiff in the court below, and in error here, asserted title to the premises under a patent of the United States issued to him in due form on the first of October, 1879, upon a homestead entry made by him in May, 1873; and commuted to á cash entry in November following.

The original defendant below, Joseph Kile, now deceased, and in whosk place his executors…

2Cases cited3 opinions

  1. Wright v. RoseberrySupreme Court of the United States · 1887
  2. Railroad Co. v. SmithSupreme Court of the United States · 1870
  3. Frasher v. O'CONNORSupreme Court of the United States · 1885

3Cited by36 opinions

  1. Michigan Land & Lumber Co. v. RustSupreme Court of the United States · 1897
  2. Rogers Locomotive MacHine Works v. American Emigrant Co.Supreme Court of the United States · 1896
  3. Foss v. JohnstoneCalifornia Supreme Court · 1910
  4. United States v. MorrisonSupreme Court of the United States · 1916
  5. United States v. O'DONNELLSupreme Court of the United States · 1938

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