Legal Opinion
Churchill v. Anderson
California Supreme Court
Decided July 1, 1878No. 5984PublishedCited by 2 opinions
Appeal from the District Court of the Twentieth Judicial District, Santa Clara County. The action was ejectment, and the plaintiff had judgment, from which the defendant appealed.
1Opinion of the Court
By the Court :
It appears from the findings that when this action was commenced the land in controversy [lieu land] had not been listed over by the United States to this State; and it has been frequently decided by this Court that the State acquires no title which it can convey to a purchaser until the land has been listed over. It follows that when the action was commenced the plaintiff had no title.
Judgment reversed, and cause remanded for a new trial.
2Cited by2 opinions
- Roberts v. ColumbetCalifornia Supreme Court · 1883
- Moody v. Jacksonville, Tampa & Key West RailroadSupreme Court of Florida · 1884