Grant v. Oliver
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County, and from an order denying a new trial. The power of attorney referred to in the opinion of the court was a power from George W. Thomas and wife to R. V. Dey, dated March 7,1878, authorizing the transfer of additional homestead lands acquired by Thomas under section 2306 of the Revised Statutes, and the conveyance thereunder was dated August 24, 1885. The patent for the claim was issued to Thomas September 7,…
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Appeal from a judgment of the Superior Court of Alameda County, and from an order denying a new trial. The power of attorney referred to in the opinion of the court was a power from George W. Thomas and wife to R. V. Dey, dated March 7,1878, authorizing the transfer of additional homestead lands acquired by Thomas under section 2306 of the Revised Statutes, and the conveyance thereunder was dated August 24, 1885. The patent for the claim was issued to Thomas September 7, 1887. . Further facts are stated in the opinion of the court.
1Opinion of the CourtPaterson, J.
This is an action to recover the possession of eighty acres of land situated in the county of Alameda. The answer denies all the allegations of the complaint. Defendant filed a cross-complaint, setting forth that he settled on the lands in controversy, with his family, claiming the same under the pre-emption laws of the United States, prior to July 8, 1878, and continuously since that date has resided and made valuable improvements thereon. The defendant then proceeds to show that Thomas’s application for a homestead was filed at a time when the lands in controversy were not subject to sale…
2Cases cited2 opinions
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