Stevenson v. Bennett
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Cruz County. This was an action of ejectment to recover the possession of a piece of land in the Town of Santa Cruz, County of Santa Cruz. The suit was commenced in April, 1860. The plaintiff claimed that on the 1st day of February, i860,, he was seized of the land in fee simple absolute, and was entitled to the possession of the same.
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Appeal from the District Court, Third Judicial District, Santa Cruz County. This was an action of ejectment to recover the possession of a piece of land in the Town of Santa Cruz, County of Santa Cruz. The suit was commenced in April, 1860. The plaintiff claimed that on the 1st day of February, i860,, he was seized of the land in fee simple absolute, and was entitled to the possession of the same. The defendants denied plaintiff’s title, and claimed that the land was a part of the public domain of the United States. The plaintiff introduced testimony tending to show that Santa Cruz was a…
1Opinion of the Court
By the Court, Sanderson, J.:
For all the purposes of the present case we shall assume that Santa Cruz, at the date of the cession of California to the United States, was a Mexican pueblo, and, as such, entitled, under the Mexican law, to four square leagues of land; and that the American Alcalde, by whom the grants under which the plaintiff claims the lots in question were made, had all the powers with which Alcaldes were or could be vested under the Mexican law; and further, that he had the power to dispose of the lots in question, by sale as well as gift, and to non-residents as well as…
2Cases cited3 opinions
- Hart v. BurnettCalifornia Supreme Court · 1860
- Estrada v. MurphyCalifornia Supreme Court · 1861
- Minturn v. BrowerCalifornia Supreme Court · 1864
3Cited by5 opinions
- Vernon Irrigation Co. v. City of Los AngelesCalifornia Supreme Court · 1895
- F. A. Hihn Co. v. City of Santa CruzCalifornia Supreme Court · 1915
- De Bernal v. LynchCalifornia Supreme Court · 1868
- Banks v. MorenoCalifornia Supreme Court · 1870
- Phelan v. PoyorenoCalifornia Supreme Court · 1887