Buckley v. Howe
California Supreme Court
Appeal from a judgment of the Superior Court of Marin County. The facts are stated in the opinion of the court.
1Opinion of the CourtFox, J.
—• This is a hill in equity to procure a decree that the defendant holds the title to certain lands in Marin County, for which he procured patent as a preemptor, in trust for plaintiff, on the ground that plaintiff had a better right thereto, and that defendant procured the patent by fraud, and through mistake and misconception of the law on the part of the officers of the land department of the government.
That a patent may be attacked in this way, and such relief be had in a proper case, has been held in very many cases. (Bludworth v. Lake, 33 Cal. 256; Eversdon v. Mayhew, 65 Cal. 163;…
2Cases cited10 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Moore v. RobbinsSupreme Court of the United States · 1878
- Eversdon v. MayhewCalifornia Supreme Court · 1884
- Aurrecoechea v. SinclairCalifornia Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Wing v. Forest Lawn Cemetery Assn.California Supreme Court · 1940
- Morrison v. LandCalifornia Supreme Court · 1915
- Whyte v. City of SacramentoCalifornia Court of Appeal · 1924
- Vilardo v. County of SacramentoCalifornia Court of Appeal · 1942
- Aalwyn v. CobeCalifornia Supreme Court · 1914
20 more not listed; retrieve them via the Exa API.