Cornwall v. Culver
California Supreme Court
Appeal from the Sixth District. The particular facts, further than as they appear in the opinion of the Court, are not necessary to be stated.
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Appeal from the Sixth District. The particular facts, further than as they appear in the opinion of the Court, are not necessary to be stated. They were, substantially, the same as presented in the case of Ferns v. Goover (10 Cal. 589). The Court below seemed to think that case did not cover this in all respects, and accordingly instructed the jury, in substance, among other things, that if the boundaries of the grant, as explained by the map, contained more than eleven leagues of land, the grant was a floating grant, or one of a non-located character, and if the eleven leagues had not been…
1Opinion of the CourtField, C. J.
Cope, J. concurring.
This is an action of ejectment, to recover the possession of certain premises situated in the county of Sacramento. The plaintiff deraigns his title from a grant of the former Mexican Governor, Alvarado, to John A. Sutter, bearing date on the eighteenth of June, 1841. This grant was the subject of extended consideration by this Court, in the case of Ferris v. Coover, decided at the October term, 1858 (10 Cal. 614). We there held that it passed to Sutter a title to the land it embraces, subject to be defeated by the subsequent action of the Supreme Government and…
2Cases cited2 opinions
- People v. WellsCalifornia Supreme Court · 1938
- United States v. SutterSupreme Court of the United States · 1859
3Cited by13 opinions
- Frasher v. O'CONNORSupreme Court of the United States · 1885
- Mahoney v. Van WinkleCalifornia Supreme Court · 1863
- Thornton v. MahoneyCalifornia Supreme Court · 1864
- Van Reynegan v. BoltonSupreme Court of the United States · 1877
- Montgomery v. BevansU.S. Circuit Court for the District of California · 1871
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