Goodwin v. McCabe
California Supreme Court
Appeal from, a judgment of the Superior Court of Lake County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
Ejectment. The plaintiff relies on prior possession. The defendant relies on a homestead entry under the laws of the United States. Verdict and judgment for defendant. Plaintiff appeals from the judgment, and from an order denying his motion for a new trial.
We think that the judgment and order must be reversed for the refusal of certain instructions requested by plaintiff.
The land in controversy is public land. The plaintiff resided upon an adjoining piece to which the title is undisputed. In order to make out his possession, he proved that the whole tract, including that upon which…
2Cases cited11 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Atherton v. FowlerSupreme Court of the United States · 1878
- Webber v. ClarkeCalifornia Supreme Court · 1887
- Collins v. BartlettCalifornia Supreme Court · 1872
- McBrown v. MorrisCalifornia Supreme Court · 1881
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3Cited by26 opinions
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- Dowdle v. WheelerSupreme Court of Arkansas · 1905
- Burns v. . StewartSupreme Court of North Carolina · 1913
- Johnston v. City of AlbuquerqueNew Mexico Supreme Court · 1903
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