White v. Luning
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of California. This was an action of ejectment by the defendant in' error to recover the possession of certain lands situate in Santa Cruz County, Cal., being a part of the rancho Sal Si Puedes, and containing 1,021|- acres.
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Error to the Circuit Court of the United States for the District of California. This was an action of ejectment by the defendant in' error to recover the possession of certain lands situate in Santa Cruz County, Cal., being a part of the rancho Sal Si Puedes, and containing 1,021|- acres. By written stipulation of the parties, the case was tried by the court, which.found the following facts :— : First, That the rancho Sal Si Puedes lies partly in the county of Santa Cruz and partly .in the county of Santa Clara, and was finally surveyed and patented to the claimants, of whom the said White…
1Opinion of the CourtJustice Davis
This is the case of a mortgagor unable to pay his debt, and getting it satisfied by a judicial sale of the mortgaged premises, who, on the ground that no title passed by reason of misdescription in the deed of the sheriff, seeks to prevent his creditor, who purchased them, from recovering possession. And this, too, when, if there, be any misdescription, it was presumably caused by him, as they were offered for sale in parcels, by his direction ánd for his advantage. As the court does not find that the descriptive errors misled any person, or caused any sacrifice of the property, the…
2Cited by70 opinions
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- Hermann v. LikensTexas Supreme Court · 1897
- Smith v. CrosbyTexas Supreme Court · 1893
- Security Land & Exploration Co. v. BurnsSupreme Court of the United States · 1904
- Thompson v. HillSupreme Court of Georgia · 1912
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