Legal Opinion

Marshall v. Shafter

California Supreme Court

Decided July 1, 1867PublishedCited by 33 opinions

Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Action to recover possession of an undivided half of eleven square leagues of land, known as the Punta de Reyes Ranch, lying in Marin County, and also two square leagues of land , adjoining said eleven leagues, and lying in the same county.

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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Action to recover possession of an undivided half of eleven square leagues of land, known as the Punta de Reyes Ranch, lying in Marin County, and also two square leagues of land , adjoining said eleven leagues, and lying in the same county. The first tract was granted by Manuel Micheltoreno, Governor of Upper California, to Antonio Maria Osio, on the 30th day of November, 1843, and was afterwards confirmed by the Board of Land Commissioners to Andrew Randall. The second tract was granted by Juan B.…

1Opinion of the Court

By the Court, Rhodes, J.:

The leading question in this case, is whether the defendants can rely upon, and are protected by the recovery in the case of McMillan v. Richards et al., set up in their third answer by way of estoppel. Counsel have discussed the case with great ability, and have urged many points in support of their respective positions, and we have given them the attentive consideration that the magnitude of the interests involved, and the importance of the questions argued, would require at our hands; but the line of argument we shall adopt in deciding the controversy will render…

2Cases cited10 opinions

  1. McMillan v. RichardsCalifornia Supreme Court · 1858
  2. Gray v. DoughertyCalifornia Supreme Court · 1864
  3. Hager v. ShindlerCalifornia Supreme Court · 1865
  4. Garwood v. GarwoodCalifornia Supreme Court · 1866
  5. Caperton v. SchmidtCalifornia Supreme Court · 1864

5 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Caseday v. LindstromOregon Supreme Court · 1904
  2. Henley v. HotalingCalifornia Supreme Court · 1871
  3. Satterlee v. BlissCalifornia Supreme Court · 1869
  4. Rush v. FrenchArizona Supreme Court · 1874
  5. Bruck v. TuckerCalifornia Supreme Court · 1871

28 more not listed; retrieve them via the Exa API.

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