Powers v. Leith
California Supreme Court
Appeal from the District Court of the Twenty-first Judicial District, Lassen County. The action was brought to compel the defendant to deed certain lands to the plaintiff. Judgment was rendered for the defendant, and the plaintiff appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court :
The defendant made a homestead entry (Ho. 304) on the 1st day of August, 1873, and on the 1st day of April, 1874, the entry was canceled by the Commissioner of the General Land Office. On the 11th day of June, 1874, the plaintiff filed a declaratory statement, to secure the pre-emption of the same lands. In July of that year the defendant made a second homestead entry of the lands, (Ho. 391) and in the same month he forwarded his affidavit to the Commissioner, containing certain statements relative to entry Ho. 304, and the occupation of the lands, etc.; and on the 3rd day of…
2Cited by2 opinions
- Plummer v. BrownCalifornia Supreme Court · 1886
- Bond v. WaltersCalifornia Court of Appeal · 1918