Hollinshead v. Simms
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Santa Cruz. In October, 1866, the defendant Simms settled upon and thenceforward continued to reside on and improve subdivisions of section two, township ten south, of range four west, Mount Diablo base and meridian, and known on the official survey as lots No. 1, No. 2, No. 9, and No. 10, and containing less than one hundred and sixty acres.
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Appeal from the District Court, Twentieth Judicial District, County of Santa Cruz. In October, 1866, the defendant Simms settled upon and thenceforward continued to reside on and improve subdivisions of section two, township ten south, of range four west, Mount Diablo base and meridian, and known on the official survey as lots No. 1, No. 2, No. 9, and No. 10, and containing less than one hundred and sixty acres. Prior to 1866, a portion of said township had been surveyed and the official plat of the survey filed in the United States Land Office at San Francisco, but there had been no official…
1Opinion of the Court
By the Court:
The judgment and order denying a new trial as to that portion of the premises described in the complaint and not described in the equitable defense of Simms are affirmed. In all other respects the judgment and order denying a new trial are reversed and the cause remanded with directions to enter a decree, that upon payment by Simms to Hollinshead of one dollar and twenty-five cents per acre for each acre of land contained in the tract described in the equitable defense, Hollinshead do forthwith convey to Simms all the estate, right, title and interest derived to him, said…
2Cited by11 opinions
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- Orth v. OrthIndiana Supreme Court · 1895
- Burling v. ThompkinsCalifornia Supreme Court · 1888
- Struthoff v. CookNebraska Supreme Court · 1947
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