Haven v. Haws
California Supreme Court
Appeal from a judgment of the Superior Court of San Bernardino County, and from an order refusing a new trial. The action was ejectment. The plaintiff held a certificate of purchase issued by the United States, and which grew out of a controversy before the land department, entitled John D. Osborne v. Cyrus D. Haven & F. M. Haws, involving the west half of a quarter section of government lands.
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Appeal from a judgment of the Superior Court of San Bernardino County, and from an order refusing a new trial. The action was ejectment. The plaintiff held a certificate of purchase issued by the United States, and which grew out of a controversy before the land department, entitled John D. Osborne v. Cyrus D. Haven & F. M. Haws, involving the west half of a quarter section of government lands. The plaintiff and defendant had filed their declaratory statements to pre-empt the lands, and Osborne, holding a soldier’s certificate, had located it upon the same lands. The contest thus begun…
1Per curiam
Section 1925 of the Code of Civil Procedure provides that a certificate of purchase of any land issued in pursuance of any law of the United States is “ primary ” evidence that the holder thereof is the owner of the land described therein; but the evidence may be overcome by proof that at the time of filing the pre-emption claim on which such certificate may have issued, the land Avas in the adverse possession of the adverse party.
The adverse possession of defendant Avas a question of fact to be passed upon by the court that tried this action.
In case of contest between opposing claimants to a…
2Cited by3 opinions
- Elliott v. RobbinsCalifornia Court of Appeal · 1917
- Kerr v. SnowdenCalifornia Court of Appeal · 1914
- McTarnahan v. PikeCalifornia Supreme Court · 1891