Megerle v. Ashe
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The general facts out of which this controversy arose will he found fully stated in the case of Terry v. Megerle, 24 Cal. 609, and Megerle v. Ashe, 27 Cal. 322. Terry is the grantor of Ashe, and the other defendants are cotenants of Ashe.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. The general facts out of which this controversy arose will he found fully stated in the case of Terry v. Megerle, 24 Cal. 609, and Megerle v. Ashe, 27 Cal. 322. Terry is the grantor of Ashe, and the other defendants are cotenants of Ashe. This action was commenced January 13th, 1864, to recover possession of the Northwest Quarter of Section Twenty-one, in Township Four North, Range Eight East, Mount Diablo Meridian. In 1852 and 1853 Terry and Megerle were both living on the land, and had inclosed and were cultivating…
1Opinion of the Court
By the Court, Rhodes, J.:
Since the decision of this case, reported in 27 ' Cal. 322, there lm been a new trial in the District Court, again resulting in favor of the plaintiff. At the new trial, the plaintiff, after introducing in evidence a patent for the land in controversy, dated September 1st, 1863, executed by the United States to him, in pursuance of a location of a soldier’s bounty land warrant, offered certain evidence to show that he was entitled to a right of pre-emption in the premises under the provisions of section six of the Act of Congress of March 3d, 1853, and. which had been…
2Cited by30 opinions
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- Hicks v. LovellCalifornia Supreme Court · 1883
- Hickey v. JohnsonCourt of Appeals for the Eighth Circuit · 1925
- Osgood v. El Dorado Water & Deep Gravel Mining Co.California Supreme Court · 1880
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