Legal Opinion

Hayes v. Martin

California Supreme Court

Decided July 1, 1873No. 3,084PublishedCited by 31 opinions

Appeal from the District Court of the Seventeenth Judicial District, County of San Bernardino. The plaintiffs appealed. The defendant claimed one hundred and sixty acres as a preemptioner. The other facts are stated in the opinion.

1Opinion of the Court

By the Court, Rhodes, J.:

This is an action for recovery of the possession of about three thousand acres of land, alleged to be a portion of the Rancho Muscupiabe, situated in San Bernardino County. The defendant Martin, in addition to certain denials which are about equivalent to a general denial, pleads the Statute of Limitations. The other defendants, who allege that they are the tenants and employés of Martin, seem to have dropped out of the case. The jury found a verdict for the defendant.

The plaintiffs for proof of title, rely upon the grant of the rancho, made by Governor Micheltorena…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. Mayor and Common Council of San Jose v. TrimbleCalifornia Supreme Court · 1871

3Cited by31 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Richardson v. YoungTennessee Supreme Court · 1909
  3. J. Bryant Kasey and Maryann Kasey v. Molybdenum Corporation of America, a CorporationCourt of Appeals for the Ninth Circuit · 1964
  4. Ex Parte GerinoCalifornia Supreme Court · 1904
  5. Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897

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