Legal Opinion

Marsh v. Hendy

California Supreme Court

Decided September 19, 1891No. 14,147Published

APPEAL from Superior Court, Tulare County; William W. Cross, Judge. Action by Archibald Marsh against John H. Hendy to determine a contest as to the right to purchase from the state certain swamp lahds. J. R. Langley and others intervene. Judgment being entered in the court below against both plaintiff and defendant, each moved for a new trial, which being refused, they appeal from the judgment and orders denying the motions. Affirmed.

1Opinion of the Court

BELCHER, C.

This is an action to determine a contest, arising in the state land office, as to the right to purchase from the state a certain section of swamp and overflowed land in Tulare county. During the pendency of the action other parties were permitted to intervene for the purpose of showing that neither the plaintiff nor defendant was entitled to make the purchase. After trial the court below found, among other things, that when the defendant made his application to purchase the section in controversy the land had not been segregated as swamp and overflowed land by authority of the…

Also in this document: Per curiam.

2Cases cited5 opinions

  1. Fulton v. BrannanCalifornia Supreme Court · 1891
  2. Buchanan v. NagleCalifornia Supreme Court · 1891
  3. Wren v. ManganCalifornia Supreme Court · 1891
  4. McNee v. LynchCalifornia Supreme Court · 1891
  5. Belcher v. FarrenCalifornia Supreme Court · 1891

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