Legal Opinion

Gunn v. Bates

California Supreme Court

Decided July 1, 1856PublishedCited by 3 opinions

Appeal from the District Court of the Sixth Judicial District. This was an action of ejectment, brought December, 1854, against E. Bates and Thomas McCartney, for certain land, consisting of about* three hundred and twenty acres, near the Cosumnes river, and forming a part of a tract of five square leagues, granted by the Mexican Government to Jared Sheldon, the intestate of plaintiff.

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Appeal from the District Court of the Sixth Judicial District. This was an action of ejectment, brought December, 1854, against E. Bates and Thomas McCartney, for certain land, consisting of about* three hundred and twenty acres, near the Cosumnes river, and forming a part of a tract of five square leagues, granted by the Mexican Government to Jared Sheldon, the intestate of plaintiff. The plaintiff put in evidence a translation of the grant to Sheldon, made January 8, 1844, by Micheltorena, Governor, Commandant-General and Inspector of the Department of California. It grants to Sheldon five…

1Opinion of the Court

Br the Court—Mr. Chief Justice Murray :

This was an action of ejectment, brought to recover two tracts of land situated in Sacramento county. On the trial, the plaintiff intro*269duced in evidence a grant from Manuel Micheltorena, Governor of California, to Sheldon, and also proved an occupation of a portion of the land described in said grant, though not of the premises in controversy. The grant is in the usual form, and there is no dispute as to its authenticity. To its introduction the defendants object: First, that it was conditional; that it was not shown that the conditions had been complied…

2Cases cited1 opinion

  1. Stanley v. GadsbySupreme Court of the United States · 1836

3Cited by3 opinions

  1. Walsh v. HillCalifornia Supreme Court · 1869
  2. Ferris v. CooverCalifornia Supreme Court · 1858
  3. Tobin v. WalkinshawU.S. Circuit Court for the District of Northern California · 1856

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