People ex rel. Love v. Center
California Supreme Court
Appeal from a judgment of the late Twelfth District Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to cancel, as a cloud upon plaintiff’s title, a patent issued by the governor, on November 11, 1867, for 89 120 acres of swamp land in Fresno and Kern counties. Soon after the institution of the action, the legislature passed the act of March 20, 1878, set forth in the opinion of Mr. Justice Thornton.
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Appeal from a judgment of the late Twelfth District Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to cancel, as a cloud upon plaintiff’s title, a patent issued by the governor, on November 11, 1867, for 89 120 acres of swamp land in Fresno and Kern counties. Soon after the institution of the action, the legislature passed the act of March 20, 1878, set forth in the opinion of Mr. Justice Thornton. Within the sixty days allowed by the act, all of the defendants, except the appellants, filed supplemental answers, claiming the land…
1Opinion of the CourtMcKinstry, J.
The action was treated by the court below as an action “to quiet title,” under section 738 of the Code of Civil Procedure, and may properly be said to be such an action. The absolute ownership of the lands by the plaintiff is averred, and it is alleged that the defendants claim rights under the acts of the legislature, and a certain instrument purporting to be a patent, which are mentioned in the complaint. Besides the prayer for general relief, there is a special prayer that defendants be summoned to answer the premises, and that the court decree to be invalid all claims of defendants under…
2Cases cited11 opinions
- Curtis v. SutterCalifornia Supreme Court · 1860
- Pixley v. HugginsCalifornia Supreme Court · 1860
- McLaughlin v. DohertyCalifornia Supreme Court · 1880
- People ex rel. Pixley v. StrattonCalifornia Supreme Court · 1864
- Hutchings v. CastleCalifornia Supreme Court · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Secret Valley Land Co. v. PerryCalifornia Supreme Court · 1921
- Grandin v. GardinerNorth Dakota Supreme Court · 1954
- People v. ChambersCalifornia Supreme Court · 1951
- California Oil & Gas Co. of Arizona v. MillerU.S. Circuit Court for the District of Southern California · 1899
- F.People v. MonierCalifornia Supreme Court · 2017
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