Legal Opinion

Leese v. Clark

California Supreme Court

Decided July 1, 1861PublishedCited by 34 opinions

Appeal from the Fourth District. This was an action of ejectment to recover the possession of two one hundred vara lots, situated within the city and county of San Francisco.

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Appeal from the Fourth District. This was an action of ejectment to recover the possession of two one hundred vara lots, situated within the city and county of San Francisco. The plaintiff based his claim to a recovery of the premises upon a grant made to himself and Salvador Yallejo on the twenty-first day of May, 1839, by Juan B. Alvarado, then Mexican Governor of the Department of California, and upon a patent of the United States issued to them on the third day of March, 1858, upon the confirmation of the grant, pursuant to the Act of Congress of March 3d, 1851, and the approved survey of…

1Opinion of the CourtField, C. J.

Cope, J. concurring.

This is an action of ejectment to recover the possession of two lots situated within the city of San Francisco. The plaintiff counts upon a grant made to himself and Salvador Vallejo, in May, 1839, by Juan B. Alvarado, then Governor of California, and a patent of the United States issued upon its confirmation, in March, 1858. The petition presented to the Governor, and upon which the grant issued, solicits a concession of two lots of one hundred varas each, situated at the Desembarcadero, or landing place of Yerba Buena, and describes them as commencing at the point of the…

2Cases cited4 opinions

  1. Hart v. BurnettCalifornia Supreme Court · 1860
  2. Teschemacher v. ThompsonCalifornia Supreme Court · 1861
  3. Moore v. WilkinsonCalifornia Supreme Court · 1859
  4. Waterman v. SmithCalifornia Supreme Court · 1859

3Cited by34 opinions

  1. Leese v. ClarkCalifornia Supreme Court · 1862
  2. Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
  3. Chipley v. FarrisCalifornia Supreme Court · 1873
  4. Ohm v. City & County of San FranciscoCalifornia Supreme Court · 1891
  5. White v. State of CaliforniaCalifornia Court of Appeal · 1971

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