Sweetland v. Froe
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The plaintiff brought his action to recover possession of a certain piece of land, alleging that he was in the peaceable and quiet possession thereof, when defendants unlawfully entered, etc.
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Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The plaintiff brought his action to recover possession of a certain piece of land, alleging that he was in the peaceable and quiet possession thereof, when defendants unlawfully entered, etc. It appeared by the evidence offered by the plaintiff on the trial, that one J. W. Walker, and other parties in partnership with him, had erected improvements of the value of $1,000 on a portion of the tract sometime in 1851, which they sold to the plaintiff in October, 1852, who, by his tenants, has ever since occupied…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Terry.
Mr. Chief Justice Murray concurred.
To enable a party to recover lands under the possessory Act of this State it is necessary that he shall have complied with the provisions of the Act. A party out or possession, and having no interest in the improvements, cannot, by making a survey and filing affidavit with the county recorder, acquire any right of possession to land in the actual possession of another.
It appears from the plaintiffs own showing in this case, that Walker, prior to the time of surveying the land, and filing notice of…
2Cited by2 opinions
- People ex rel. Simmons v. SandersonCalifornia Supreme Court · 1866
- Stone v. ElkinsCalifornia Supreme Court · 1864