Coburn v. Ames
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, County of San Mateo. The demanded premises were at Pigeon Point, in the County of San Mateo.
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Appeal from the District Court, Twelfth Judicial District, County of San Mateo. The demanded premises were at Pigeon Point, in the County of San Mateo. The complaint contained two counts, one averring right of possession in the plaintiff, and ouster on the 27th of September, 1872; while the other placed the date of the ouster on the 2nd day of October, 1872. On the 1st day of September, 1862, the plaintiff and Jeremiah Clarke were the owners in fee of a large tract of land known as the Punta del Ano Nuevo, extending along the Pacific Ocean for ten or eleven miles. The land sued for was a part…
1Opinion of the Court
The proceedings of the Board of Supervisors, in laying out these roads, and in granting the franchises under which defendants claim the wharf, might have been made the subject of review, in proper time, but cannot be attacked collaterally. (Thomas v. Armstrong, 7 Cal. 287; Waugh v. Ghauncey, 13 Cal. 11; Fall v. Payne, 23 Cal. 302; People v. FI Dorado County, 8 Cal. 58; People v. Marin County, 10 Cal. 344.) The wharf and chute were built over the overflowed and submerged lands of the State, and the plaintiff is not entitled to recover them by reason of his ownership of the land in front…
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