Burrell v. Haw
California Supreme Court
Appeal from tbe District Court of tbe Eigbtb District, Humboldt County. A demurrer to tbe complaint was overruled. The Court, found among other facts, tbat tbe defendant in tbe year 1856, asserted a claim to the land in controversy and filed a declaratory statement of his intention to pre-empt the same in the proper Land Office, and therein declared that he was a citizen of the United States; that, on the 29th day of October, 1858, defendant declared under oath, according to…
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Appeal from tbe District Court of tbe Eigbtb District, Humboldt County. A demurrer to tbe complaint was overruled. The Court, found among other facts, tbat tbe defendant in tbe year 1856, asserted a claim to the land in controversy and filed a declaratory statement of his intention to pre-empt the same in the proper Land Office, and therein declared that he was a citizen of the United States; that, on the 29th day of October, 1858, defendant declared under oath, according to law, his intention to become a citizen of the United States; that the defendant, in the Spring of 1858, made and…
1Opinion of the Court
Temple, J.,
delivered tbe opinion of tbe Court*
We tbink tbe demurrer in tbis case ought to have been sustained. Tbe action was brought to obtain a decree declaring that tbe defendant — who bad obtained a patent from tbe United States — held tbe same in trust for tbe plaintiff, and that be be compelled to convey tbe same to plaintiff. Tbe ground of tbe action is, that the land officers were imposed upon by misrepresentations and fraudulent practices of tbe defendant, and thereby induced to issue tbe'patent to him, instead of tbe plaintiff, who was a contestant before tbe Begister and Receiver…
2Cases cited3 opinions
- Megerle v. AsheCalifornia Supreme Court · 1867
- People v. JacksonCalifornia Supreme Court · 1864
- Page v. HobbsCalifornia Supreme Court · 1865
3Cited by2 opinions
- Burling v. ThompkinsCalifornia Supreme Court · 1888
- Peabody v. PrinceCalifornia Supreme Court · 1889