Legal Opinion

Soto v. Kroder

California Supreme Court

Decided July 1, 1861PublishedCited by 3 opinions

Appeal from the Third District. Ejectment for an undivided seventh of eighty acres of land in Alameda county, being part of the rancho of San Lorenzo.

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Appeal from the Third District. Ejectment for an undivided seventh of eighty acres of land in Alameda county, being part of the rancho of San Lorenzo. Plaintiff claims as one of the heirs of Francisco Soto, who held a Mexican grant of said rancho, which he occupied with his family until his death in 1845. On the trial, plaintiff introduced one Castro as a witness, who testified, among other things, that he knew the rancho of San Lorenzo; that Francisco Soto had a grant of the same from the Mexican Government, and that the land in question is part of it; that he had examined the original…

1Opinion of the Court

Field, C. J. delivered the following opinion at the July term

Cope, J. concurring.

The plaintiff in this case bases his claim to recover one undivided seventh of the premises described in the complaint upon a grant issued to his father in 1842, by Alvarado, who was then Governor of California. The grant is on file in the office of the Surveyor General of the United States; and on the trial, the plaintiff, after proving the signatures of the Governor and Secretary attached to *94it, produced what purported to be a copy, and endeavored to establish its correctness as such copy by the testimony of a…

2Cases cited1 opinion

  1. Hensley v. TarpeyCalifornia Supreme Court · 1857

3Cited by3 opinions

  1. Leviston v.RyanCalifornia Supreme Court · 1888
  2. People ex rel. Vantine v. SenterCalifornia Supreme Court · 1865
  3. De Guyer v. BanningCalifornia Supreme Court · 1890

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