Henshaw v. Bissell
Supreme Court of the United States
Error to the Circuit Court for the District of California. Bissell brought ejectment in the court below against Henshaw and others, to recover one league square of land, situated in the county of Butte, in the State of California.
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Error to the Circuit Court for the District of California. Bissell brought ejectment in the court below against Henshaw and others, to recover one league square of land, situated in the county of Butte, in the State of California. The’ action was commenced May 15th, 1857, and was tried by the court without a jury by stipulation of the parties. 'The material facts of the case were as follows: On the 24th of March, 1852, one Larkin, pursuant to the provisions of the act of Congress of March 3d, 1851, entitled “An act to ascertain and settle private land-claims in the State of California,” filed…
1Opinion of the CourtJustice Field
This is an action of ejectment for the possession of certain real property situated in the county of Butte, in the State of California. Both parties claim the demanded premises under patents of the United States, issued upon a confirmation of grants made by the Mexican government. The plaintiff claims under the junior patent issued upon the earlier grant; the defendants claim under the senior patent issued upon the later grant. Both patents cover the premises in controversy, one square league of land, and the main question in the case, as in all cases where patents founded upon previously…
2Cases cited1 opinion
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