Montgomery v. Whiting
California Supreme Court
Appeal from tbe District Court of tbe Second District, Lassen County.. Tbe facts are stated in tbe opinion. First — Plaintiff being in possession as owner of tbe premises, and baying declared bis intention to pre-empt tbe same at tbe time of tbe execution of the Sheriff's deed, and tbe rendition of tbe judgment in ejectment, stood in tbe relation of a trustee to defendant, as to any after acquired title to tbe premises, and any such after acquired title would enure to tbe…
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Appeal from tbe District Court of tbe Second District, Lassen County.. Tbe facts are stated in tbe opinion. First — Plaintiff being in possession as owner of tbe premises, and baying declared bis intention to pre-empt tbe same at tbe time of tbe execution of the Sheriff's deed, and tbe rendition of tbe judgment in ejectment, stood in tbe relation of a trustee to defendant, as to any after acquired title to tbe premises, and any such after acquired title would enure to tbe benefit of defendant. Tbe facts present clearly a case of constructive trust. By bis declaration of intention to pre-empt,…
1Opinion of the CourtTemple, J.
In November, 1866, plaintiff was in possession of and bad inclosed a certain tract of public land of tbe United States. *297Before that time be bad filed in tbe proper land office bis declaration of intention to pre-empt a piece of public land, including bis inclosure and other lands not tben inclosed by bim, but wbicb were tben in tbe possession of other parties. On that day, judgment was docketed against bim, in tbe County Court of Lassen County — the lands being located in that county — in favor of tbe defendant in this suit, who afterwards purchased tbe land at Sheriff’s sale, bad in…
2Cases cited3 opinions
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Clark v. BakerCalifornia Supreme Court · 1860
- Hutton v. FrisbieCalifornia Supreme Court · 1869
3Cited by7 opinions
- United Drug Co. v. KovacsSupreme Court of Pennsylvania · 1924
- Thrift v. DelaneyCalifornia Supreme Court · 1886
- Ritchie v. JohnsonSupreme Court of Arkansas · 1888
- Rupert v. JonesCalifornia Supreme Court · 1897
- Wickersham v. CrittendenCalifornia Supreme Court · 1894
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