Weber v. Marshall
California Supreme Court
Appeal from the Fifth District. Ejectment for two hundred and twenty-five acres of land in San Joaquin county, embraced in a Mexican grant to one Gulnae. The complaint was filed on the twenty-ninth of March, 1861, at which time an appeal from the decision of the U. S. District Court affirming the survey of the grant was pending.
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Appeal from the Fifth District. Ejectment for two hundred and twenty-five acres of land in San Joaquin county, embraced in a Mexican grant to one Gulnae. The complaint was filed on the twenty-ninth of March, 1861, at which time an appeal from the decision of the U. S. District Court affirming the survey of the grant was pending. The complaint set up the grant, its presentation to the Board of Land Commissioners in May, 1852, its confirmation by the Board in April, 1855, the affirmance of the decision of the Board by the District Court in February, 1858, the survey made by the direction of…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
Ejectment for a tract of land in San Joatpiin county.
The defendant, Marshall, sets up, against a complaint in the common form, several defenses—some legal and one equitable—the last being that a parol contract had been made between him and plaintiff for the land, and that having complied with the terms of the agreement on his part, he is entitled to, and, by way of cross action, prays a specific performance. Special issues were framed involving these various defenses, legal and equitable, and all submitted together to the jury.
1. This was irregular. The equitable and…
2Cases cited10 opinions
- Penziner v. West American Finance Co.California Supreme Court · 1937
- Taylor v. LongworthSupreme Court of the United States · 1840
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Benedict v. LynchNew York Court of Chancery · 1815
- Teschemacher v. ThompsonCalifornia Supreme Court · 1861
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Unilogic, Inc. v. Burroughs Corp.California Court of Appeal · 1992
- Lux v. HagginCalifornia Supreme Court · 1886
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
- Fish v. BensonCalifornia Supreme Court · 1886
14 more not listed; retrieve them via the Exa API.