Legal Opinion

Wood v. Truckee Turnpike Co.

California Supreme Court

Decided July 1, 1864PublishedCited by 31 opinions

Appeal from the Seventeenth Judicial District, Sierra County. The Truekee Turnpike Company was a corporation organized for the construction of a turnpike road. The company constructed a turnpike road, leading from the southern line of Sierra County, running thence in a northeasterly direction through said county, by way of Plum Valley, Fred’s Ranch, Cornish Ranch, and Jackson’s Ranch, to the northeastern boundary line of the county. The road was built upon public lands.

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Appeal from the Seventeenth Judicial District, Sierra County. The Truekee Turnpike Company was a corporation organized for the construction of a turnpike road. The company constructed a turnpike road, leading from the southern line of Sierra County, running thence in a northeasterly direction through said county, by way of Plum Valley, Fred’s Ranch, Cornish Ranch, and Jackson’s Ranch, to the northeastern boundary line of the county. The road was built upon public lands. The execution upon which the road was sold was in the usual form, and the Sheriff levied and sold in the manner required by…

1Opinion of the Court

By the Court, Shaftek, J.

This is an action of ejectment. It is averred in the complaint that the defendant is “ a body politic and corporate, duly organized under and by virtue of the laws of the State of California;” that “on the 27th day of May, 1862, the said plaintiffs were seized and possessed of and lawfully entitled to the possession of all that certain turnpike road and the land upon which the same has been constructed, built, and excavated,” lying between certain termini named; “said road being about fifty feet in width, bounded on each side by the public lands of the United States,…

2Cases cited4 opinions

  1. Sparks v. HessCalifornia Supreme Court · 1860
  2. Bardwell v. Town of JamaicaSupreme Court of Vermont · 1843
  3. Thomas v. ArmstrongCalifornia Supreme Court · 1857
  4. Munroe v. ThomasCalifornia Supreme Court · 1855

3Cited by31 opinions

  1. Kazi v. State Farm Fire and Casualty CompanyCalifornia Supreme Court · 2001
  2. City & County of San Francisco v. GroteCalifornia Supreme Court · 1898
  3. Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
  4. City of San Francisco v. CalderwoodCalifornia Supreme Court · 1867
  5. Fresno Etc. Co. v. Southern Pac. Etc. Co.California Supreme Court · 1901

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