Poppe v. Athearn
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The Court below gave judgment in favor of Poppe in the ejectment suit, and dismissed Athearn’s hill in equity against Poppe. Athearn appealed. The other facts are stated in the opinion delivered by Mr. Justice Crockett, which is here published.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The Court below gave judgment in favor of Poppe in the ejectment suit, and dismissed Athearn’s hill in equity against Poppe. Athearn appealed. The other facts are stated in the opinion delivered by Mr. Justice Crockett, which is here published. George Cadwalader, for Appellant, argued that as the State patent to Athearn was issued in accordance with the laws of the State, it was valid, and that it devolved on the State to provide for the selection of lands donated to it, and cited Megerle v. Ashe, 27 Cal.…
1Concurrence
By Rhodes, J., Niles, J., concurring:
The Court did not find the time of the filing with the Register of the Marysville Land Office of the plat of the survey *608of the township in which the lands in controversy are situated, but the evidence tending to show the time is recited in the finding. That consisted of the unsigned indorsement on the plat: “Filed in Marysville'Land Office, December 5th, 1855 ”—the same indorsement which was in controversy in Megerle v. Ashe, 27 Cal. 322, and the subsequent appeal in the same ease. The Court also found that the [Register and Deceiver, on the 15th of…
2Cases cited1 opinion
- Megerle v. AsheCalifornia Supreme Court · 1865
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- Warren v. QuillNevada Supreme Court · 1874
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