Megerle v. Ashe
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The general facts out of which this controversy arose will he found fully stated in the case of Terry v. Megerle, 24 Cal. 609, and Megerle v. Ashe, 27 Cal. 322. Terry is the grantor of Ashe, and the other defendants are cotenants of Ashe.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. The general facts out of which this controversy arose will he found fully stated in the case of Terry v. Megerle, 24 Cal. 609, and Megerle v. Ashe, 27 Cal. 322. Terry is the grantor of Ashe, and the other defendants are cotenants of Ashe. This action was commenced January 13th, 1864, to recover possession of the Northwest Quarter of Section Twenty-one, in Township Four North, Range Eight East, Mount Diablo Meridian. In 1852 and 1853 Terry and Megerle were both living on the land, and had inclosed and were cultivating…
1ConcurrenceSawyer, J.
The plaintiff claims title under a patent from the United States, bearing date the first day of September, 1863. The patent purports by its recitals to have been issued in pursuance of the location of a soldier’s bounty land varrant, number eighty-nine thousand two hundred fiftysix, for one hundred sixty acres of land.
The defendant claims title under a patent of the State of California, dated the eighth' day of January, 1862, issued to David S. Terry upon the location of State school land warrants in pursuance of the several Acts of the State of California authorizing said school land…
2Cases cited2 opinions
- Bagnell v. BroderickSupreme Court of the United States · 1839
- Terry v. MecerleCalifornia Supreme Court · 1864