Hagar v. Spect
California Supreme Court
Appeal from the District Court, Tenth Judicial District, County of Colusa. Ejectment to recover a lot in the town and County of Colusa. The plaintiff claimed under the Jimeno grant, and the defendants under the Coins grant. The general facts in relation to these conflicting grants are stated in the cases referred to in the opinion.
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Appeal from the District Court, Tenth Judicial District, County of Colusa. Ejectment to recover a lot in the town and County of Colusa. The plaintiff claimed under the Jimeno grant, and the defendants under the Coins grant. The general facts in relation to these conflicting grants are stated in the cases referred to in the opinion. The complaint averred the ouster to have taken place on the 2d day of February, 1870. The transcript does not show when the suit was commenced, but an amended complaint was filed December 7, 1870. The final survey of the Jimeno grant was approved on the 6th day of…
1Opinion of the Court
By the Court, Rhodes, J.:
This case again presents the conflict between the titles to the Jimenos and the Colus ranchos. The evidence in the record is substantially the same as was presented in Treadway v. Semple, 28 Cal. 652; Semple v. Wright, 32 Cal. 659; Yates v. Smith, 40 Cal. 662, and Semple v. Ware, 42 Cal. 619. In each of those cases it was held that in respect to the land covered by the survey of both ranchos, the Jimeno was the better title. The grounds upon which the decisions in those cases rest, need not be again considered or even repeated. Those authories should be regarded as…
2Cases cited5 opinions
- Semple v. WrightCalifornia Supreme Court · 1867
- Gardiner v. MillerCalifornia Supreme Court · 1874
- Yates v. SmithCalifornia Supreme Court · 1871
- Treadway v. SempleCalifornia Supreme Court · 1865
- Semple v. WareCalifornia Supreme Court · 1872