Hutton v. Frisbie
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The plaintiff averred in his complaint that on the 16th day of November, 1862, he entered and settled upon a tract of land described as the Southwest Quarter of Section Twenty-five, in Township Four North, in Range Four West, of Mount Diablo meridian, in Napa County, California, and that said land was apart of what was formerly known as the Soscol Rancho, and which was claimed under…
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The plaintiff averred in his complaint that on the 16th day of November, 1862, he entered and settled upon a tract of land described as the Southwest Quarter of Section Twenty-five, in Township Four North, in Range Four West, of Mount Diablo meridian, in Napa County, California, and that said land was apart of what was formerly known as the Soscol Rancho, and which was claimed under a pretended Mexican grant by M. G. Vallejo, but which grant had been rejected by the Supreme Court.of the United States,…
1Dissent
Mr. Justice Crockett delivered the following dissenting opinion, in which Mr. Justice Sprague concurred:
On the facts as presented by the record in this case, there are two questions for our consideration, to wit: First— *501Whether or not, by the special Act of March 3d, 1863, Congress intended to confer upon the purchasers from Vallejo a prior right to acquire by pre-emption the title to the lands so purchased, (and which had been reduced to possession when the claim of Vallejo was rejected by the Supreme Court,) to the exclusion of other qualified pre-emptioners who had settled upon the land…
2Cases cited9 opinions
- Lytle v. the State of ArkansasSupreme Court of the United States · 1850
- People v. ShearerCalifornia Supreme Court · 1866
- Barnard's Heirs v. ASHLEY'S HEIRSSupreme Court of the United States · 1856
- Page v. FowlerCalifornia Supreme Court · 1865
- Lessee of William L. Brown and Wife, in Error v. Joseph Clements and Jonathan Hunt, in ErrorSupreme Court of the United States · 1845
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