People v. Blankenship
California Supreme Court
Appeal from the District Court, Thirteenth Judicial District, County of Tulare. The fraud alleged was this : W. M. Blankenship located and purchased from the State the north half of section sixteen, township twenty-one south, of range twenty-five east, Mount Diablo meridian; and that he also located and purchased from the State the south half of the same section in the name of his wife ; and that the two then deeded it to their son Zachariah, to whom the patent was issued.
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Appeal from the District Court, Thirteenth Judicial District, County of Tulare. The fraud alleged was this : W. M. Blankenship located and purchased from the State the north half of section sixteen, township twenty-one south, of range twenty-five east, Mount Diablo meridian; and that he also located and purchased from the State the south half of the same section in the name of his wife ; and that the two then deeded it to their son Zachariah, to whom the patent was issued. The defendants demurred to the. complaint, and the Court overruled the demurrer, and gave judgment for the plaintiff, and…
1Opinion of the Court
By the Court :
This is an action to cancel a patent, issued by the State, for the south half of section sixteen, in township twenty-one south, of range twenty-five east, of Mount Diablo meridian, on the ground that the same was procured to be issued by the fraudulent acts of certain of the defendants, of which acts the patentee had notice at the time when both the certificate of purchase and patent were issued. The action is “an action for relief on the ground of fraud ” within the meaning of sub. 4 of sec. 368, Code of Civil Procedure. That section provides that such action must be commenced…
2Cited by15 opinions
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- Castro v. GeilCalifornia Supreme Court · 1895
- Goodnow v. ParkerCalifornia Supreme Court · 1896
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