Nims v. Johnson
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Amador. This was an action to recover possession of a tract of land in Amador county, upon which plaintiff had located school-land warrants. It was before this Court in January Term, 1856, and was remanded to the Court below. See 6 Cal., 8. The case was tried before a jury, who found a verdict for plaintiff. Motion for a new trial was made, and overruled, and judgment entered for plaintiff.
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Appeal from the District Court of the Fifth Judicial District, County of Amador. This was an action to recover possession of a tract of land in Amador county, upon which plaintiff had located school-land warrants. It was before this Court in January Term, 1856, and was remanded to the Court below. See 6 Cal., 8. The case was tried before a jury, who found a verdict for plaintiff. Motion for a new trial was made, and overruled, and judgment entered for plaintiff. Defendants appealed. The errors assigned, are so explicitly stated in the opinion of the Court, that no explanation of them is…
1Opinion of the CourtMurray, C. J.
When this cause was here before, we held that the act of May 3, 1852, commonly known as the “ school-land act,” did not conflict with the act of Congress of 1841, and that it was competent, in this respect, for the Legislature to determine what should constitute evidence of title between the citizens of this State.
This point is again presented, but we are indisposed to review our former opinion.
There are but three assignments of error which it will be necessary to notice. First, that the court erred in admitting evidence of location of the school-land warrants, because they were recorded by…
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