Legal Opinion

Lincoln v. French

Supreme Court of the United States

Decided May 18, 1882No. 265PublishedCited by 79 opinions

■ Error to the Circuit Court of the United States for the District of California. . ■ This was an action for the possession of a tract of land confining three hundred and twenty acres, situated, in the town of Sutter, 'county of Sacramento, and State of California. The complaint 'is in the usual form for the' recovery of land under the system of procedure which obtains in California.

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■ Error to the Circuit Court of the United States for the District of California. . ■ This was an action for the possession of a tract of land confining three hundred and twenty acres, situated, in the town of Sutter, 'county of Sacramento, and State of California. The complaint 'is in the usual form for the' recovery of land under the system of procedure which obtains in California. As originally filed inNovember, 1866, it embraced thirty-onfe defendants; but by amendments to the, pleadings and other causes the number has since been reduced to seven. Various defences were set up by them,…

1Opinion of the CourtJustice Field

■ In giving its decision when the case was last here/ this courf was led. into an error in the statement of a fact. It says in its, opinion that the action Was begun in November, 1872, more than eight years after the time' limited-when the trust deed to -Martin & Lynch was tó lose its efficacy,’when, in reality,, it was commenced in November, 1866, less than three years after the,, time mentioned - within which the road was to be completed. .Although the duty to reconvey arose when by the terms.of the trust deed the time had passed within which the-work "was to be done, and the conditions…

2Cases cited2 opinions

  1. French v. EdwardsSupreme Court of the United States · 1875
  2. French v. EdwardsSupreme Court of the United States · 1872

3Cited by79 opinions

  1. Smellie v. Southern Pacific Co.California Supreme Court · 1931
  2. Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
  3. United States v. Provident Trust Co.Supreme Court of the United States · 1934
  4. Edouard Legille v. C. Marshall Dann, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1976
  5. Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937

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