Legal Opinion

Hodapp v. Sharp

California Supreme Court

Decided October 15, 1870No. 2,614PublishedCited by 10 opinions

Appeal from tbe District Court of tbe Seventh District, Solano County. Action to recover possession of two quarter sections of land, situated in Solano County, to wit: tbe northwest quarter of section 10, and tbe southwest quarter of section 10, township 4 north, range 2 east; and for damages for the use and occupation of the same, and costs of suit.

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Appeal from tbe District Court of tbe Seventh District, Solano County. Action to recover possession of two quarter sections of land, situated in Solano County, to wit: tbe northwest quarter of section 10, and tbe southwest quarter of section 10, township 4 north, range 2 east; and for damages for the use and occupation of the same, and costs of suit. Plaintiff introduced in evidence a certificate of purchase from the State of California to W. P. Holcomb, of the southwest quarter of section. 10, bearing date December 31st,-1861, with the assignment of the same by Holcomb to plaintiff indorsed…

1Opinion of the CourtRhodes, C. J.

*71In Toland v. Mandell, (38 Cal. 30), tbe Act of Congress of tbe 23d of July, 1866, to quiet land titles in California (14 U. S. Stats. 218) was presented for consideration, and tbe purpose and effect of several of its provisions were announced.

’ It was, among other things, held that tbe locator of a land warrant “must show that be is a purchaser in good faith under tbe statute. Of these facts, however, bis certificate of purchase is prima fade evidence, for it has been so declared by a statute of this State. It shows that the State has selected the land and sold it to a purchaser, and that he…

2Cases cited1 opinion

  1. Toland v. MandellCalifornia Supreme Court · 1869

3Cited by10 opinions

  1. Lake v. BenderNevada Supreme Court · 1884
  2. Georgeson v. SteinhoferCalifornia Supreme Court · 1922
  3. Murphy v. SumnerCalifornia Supreme Court · 1887
  4. Buhne v. ChismCalifornia Supreme Court · 1874
  5. Chant v. ReynoldsCalifornia Supreme Court · 1874

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