Harris v. McGovern
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of California. This is ejectment, commenced Jan. 10,1870, by Edward H. Harris, Isaac H. Shimer and Letitia his wife, against John McGovern and others.
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Error to the Circuit Court of the United States for the District of California. This is ejectment, commenced Jan. 10,1870, by Edward H. Harris, Isaac H. Shimer and Letitia his wife, against John McGovern and others. A jury having been waived by written stipulation, the court tried the issue, and found the following facts : — 1. The land in controversy is known as one hundred vara lot, No. 19, of the Laguna survey, and is situated within the corporate limits of the city of San Francisco, as defined in the act incorporating said city, passed by the legislature of the State of California on the…
1Opinion of the CourtJustice Clifford
Actual title to the lot in controversy is claimed by the plaintiffs as devisees and heirs of Stephen Harris, deceased, by virtue of an ordinance of the city, which, as they allege,' was subsequently ratified by an act of Congress. Opposed to that, the theory of the defendants is that the city ordinance granted the lot to Stephen A. Harris, under whom they derive title, and that inasmuch as they have been in the open adverse possession of the same, claiming title, for more than five years, the title of the plaintiffs, if any they or their testator ever had, is barred by the Statute of…
2Cases cited5 opinions
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- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Arrington v. LiscomCalifornia Supreme Court · 1868
- Walden v. The Heirs of GratzSupreme Court of the United States · 1816
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