Gardiner v. Miller
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, Sacramento County. The action was ejectment, in which the defendant had judgment and the plaintiff appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Wallace, C. J.:
The title of the plaintiff to the premises in controversy— a city lot in the city of Sacramento—is derived from Sutter, who held the Mexican grant of June, 1841. The grant was for the quantity of eleven leagues of land, to be thereafter located within exterior boundaries of much greater extent. The survey was finally determined in the Federal Courts in June, 1865; the patent was issued to Sutter in 1866, and this action having been commenced in 1869, the *572defendant succeeded in the Court below solely upon the defense of the Statute of Limitations—he appearing to…
2Cases cited3 opinions
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Lindsey and Others v. the Lessee of MillerSupreme Court of the United States · 1832
- Arrington v. LiscomCalifornia Supreme Court · 1868
3Cited by17 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- J. Bryant Kasey and Maryann Kasey v. Molybdenum Corporation of America, a CorporationCourt of Appeals for the Ninth Circuit · 1964
- Hoadley v. City & County of San FranciscoCalifornia Supreme Court · 1875
- Manly v. HowlettCalifornia Supreme Court · 1880
- McManus v. O'SullivanCalifornia Supreme Court · 1874
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