Clarke v. Huber
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. Plaintiff recovered judgment, and defendant appealed. The facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Shafter, J.
This was an action of ejectment brought to recover the possession of a portion of the Rancho Santa Rita, situated in the County of Santa Clara.
In addition to the usual allegations in ejectment, it is averred in the complaint that “ the plaintiff claims the premises and the possession thereof, under title derived from the Mexican Government, and that said title was, viz: on the first Monday in December, eighteen hundred and fifty-nine, finally confirmed by the legally constituted authorities of the United States, viz: the Supreme Court thereof.”
The answer contains a…
2Cases cited5 opinions
- Stanley v. GreenCalifornia Supreme Court · 1859
- Lestrade v. BarthCalifornia Supreme Court · 1862
- Downer v. SmithCalifornia Supreme Court · 1864
- Blum v. RobertsonCalifornia Supreme Court · 1864
- Hutchinson v. BoursCalifornia Supreme Court · 1856
3Cited by14 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Sobey v. MolonyCalifornia Court of Appeal · 1940
- De Votie v. McGerrSupreme Court of Colorado · 1890
- Burk v. City of Santa CruzCalifornia Supreme Court · 1912
- Fair Oaks Bank v. JohnsonCalifornia Supreme Court · 1926
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