Christman v. Brainard
California Supreme Court
Appeal from the District Court, Second Judicial District, County of Plumas. Action to determine a contest arising in the office of the Surveyor-General of this State concerning the right to purchase certain swamp lands in the county of Plumas, described as the west half and southeast quarter of southwest quarter of section twenty-nine (29); the north half of the northwest quarter, the west half of the northeast quarter, and the east half of the southeast quarter of section…
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Appeal from the District Court, Second Judicial District, County of Plumas. Action to determine a contest arising in the office of the Surveyor-General of this State concerning the right to purchase certain swamp lands in the county of Plumas, described as the west half and southeast quarter of southwest quarter of section twenty-nine (29); the north half of the northwest quarter, the west half of the northeast quarter, and the east half of the southeast quarter of section thirty-two; and the west half of the southwest quarter of section thirty-three, in township thirty north, of range six…
1Opinion of the Court
By the Court:
In an action to determine a contest arising in the Surveyor-General’s or Begister’s office, in respect to the right to purchase lands from the State, the defendant is not entitled to judgment to the effect that he has the right to purchase the lands from the State on the ground that the plaintiff has failed to make out his case. Nor is he entitled to such judgment unless he states in his answer facts, Avhich, together Avith those stated in the complaint, show that he has the right to make such purchase. (Woods v. Sawtelle, 46 Cal. 389.) The *537answer in this case fails to state the…
2Cases cited1 opinion
- Woods v. SawtelleCalifornia Supreme Court · 1873
3Cited by3 opinions
- Gilson v. RobinsonCalifornia Supreme Court · 1886
- Peabody v. PrinceCalifornia Supreme Court · 1889
- Wright v. LaugenourCalifornia Supreme Court · 1880