Byers v. Neal
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This was an action to have the defendant adjudged to hold the legal title of one hundred and thirty-seven acres of land in San Joaquin County, acquired under a patent of the United States, in trust for the plaintiff; to • compel him to convey the same to plaintiff; to enjoin defendant from conveying or transferring to any other person; to quiet plaintiff’s title; and for general relief.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This was an action to have the defendant adjudged to hold the legal title of one hundred and thirty-seven acres of land in San Joaquin County, acquired under a patent of the United States, in trust for the plaintiff; to • compel him to convey the same to plaintiff; to enjoin defendant from conveying or transferring to any other person; to quiet plaintiff’s title; and for general relief. Defendant, among other defenses set up, by way of cross-complaint, that plaintiff' had been let into possession under a…
1Opinion of the Court
By the Court,
Wallace, J.:
The fact that Neal was in the possession of the premises in controversy, as a preemptioner, when they were sold and conveyed by the Sheriff, under the judgment rendered against him, will not defeat the title of the purchaser at the Sheriff’s sale—Neal having already made his full payment to the Government as such preemptioner. Tallmadge, from whom Byers derives his title, was the grantee of the Sheriff, and, before he conveyed to Byers, brought an action against Neal, who was then in possession, for the recovery of the premises, in which action he alleged that he was…
2Cited by9 opinions
- Wehle v. PriceCalifornia Supreme Court · 1927
- Phelan v. TylerCalifornia Supreme Court · 1883
- Brown v. WarrenNevada Supreme Court · 1881
- Taylor v. CampbellSupreme Court of Oklahoma · 1929
- Thrift v. DelaneyCalifornia Supreme Court · 1886
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