Legal Opinion

Simpson v. Applegate

California Supreme Court

Decided March 24, 1888No. 12040PublishedCited by 11 opinions

Appeal from a judgment of the Superior Court of Nevada County. The facts are stated in the opinion.

1Opinion of the Court

Hayne, C.

—Ejectment. The plaintiff claims under a United States patent. The defendant set up an equitable defense, and prayed for a conveyance from plaintiff of the legal title. The court below gave judgment for the plaintiff, and the defendant appeals. The case comes up on the judgment roll.

*343Certain points are made by the respondent as to the construction of the findings, but for the purposes of this opinion we shall assume that the finding that the plaintiff was “ the owner ” of the premises at the commencement of the action is a conclusion of law within the rule laid down in Levins v.…

2Cases cited4 opinions

  1. Levins v. RovegnoCalifornia Supreme Court · 1886
  2. Bolton v. LandersCalifornia Supreme Court · 1864
  3. Smith v. ShawCalifornia Supreme Court · 1860
  4. Frisbie v. PriceCalifornia Supreme Court · 1865

3Cited by11 opinions

  1. Daggett v. GrayCalifornia Supreme Court · 1895
  2. McCarthy v. BrownCalifornia Supreme Court · 1896
  3. Von Glahn v. BrennanCalifornia Supreme Court · 1889
  4. Pomeroy v. BellCalifornia Supreme Court · 1897
  5. J. B. Hill Co. v. PinqueCalifornia Supreme Court · 1919

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