Conger v. Weaver
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. This was an action of trespass, quare clausum fregit, instituted by plaintiffs to recover damages for injuries committed by defendants in a certain close of plaintiffs, used as a saw-mill yard, situated on the south branch of the Middle Fork of the Yuba River, in Sierra county. There is a prayer for an injunction contained in the complaint—which, however, is not considered in the appeal.
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Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. This was an action of trespass, quare clausum fregit, instituted by plaintiffs to recover damages for injuries committed by defendants in a certain close of plaintiffs, used as a saw-mill yard, situated on the south branch of the Middle Fork of the Yuba River, in Sierra county. There is a prayer for an injunction contained in the complaint—which, however, is not considered in the appeal. The answer of the defendants denies the trespass, and justifies under a claim of right of way across the close in…
1Opinion of the CourtJustice Heydenfeldt
Mr. Justice Terry concurred. Mr. Chief Justice Murray dissented.
It is admitted in the argument, on both sides, that the rights claimed by both parties are in and to the public lands, neither of them having title, except what arises from possession, or the claim of it.
In the decisions we have heretofore made upon the subject of private rights to the public domain, we have applied simply the rules of the common law. We have found that its principles have abundantly sufficed for the determination of all disputes which have come before us; and we claim that we have neither modified its rules, nor…
2Cited by25 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- United States v. Gerlach Live Stock Co.Supreme Court of the United States · 1950
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- People v. AgnewCalifornia Supreme Court · 1940
- Thayer v. California Development Co.California Supreme Court · 1912
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