Palmer v. Boling
California Supreme Court
Appeal from the District Court of the Thirteenth Judicial District, County .of Mariposa. This was a proceeding to enjoin the tax-collector of Mariposa from selling, for taxes, a tract of ten leagues of land, known as the Fremont grant. The facts, as averred in the bill, are briefly these : The -grant having been confirmed, giving to the claimant ten leagues of land, to be located within certain boundaries, a survey was made accordingly, and the ten leagues segregated.
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Appeal from the District Court of the Thirteenth Judicial District, County .of Mariposa. This was a proceeding to enjoin the tax-collector of Mariposa from selling, for taxes, a tract of ten leagues of land, known as the Fremont grant. The facts, as averred in the bill, are briefly these : The -grant having been confirmed, giving to the claimant ten leagues of land, to be located within certain boundaries, a survey was made accordingly, and the ten leagues segregated. The survey was completed and approved, July 31st, 1855, four days before the expiration of the time allowed by law for the…
1Opinion of the Court
On first hearing of this case, at the October Term, 1856, Murray, C. J., delivered the opinion of the Court—Heydenfeldt, J., and Terry, J., concurring.
This was a bill in equity, to restrain the defendant from selling certain lands in Mariposa county, for non-payment of taxes. The bill alleges two errors in the assessment; first—that the survey was made, and the patent issued to the grantor after the assessment; and, second—that the land is assessed as “ten square leagues,” and not by any specific boundaries.
In support of the first proposition, the case of Ballance v. Forsyth, 13 How. U. S.…
2Cited by9 opinions
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- Patten v. GreenCalifornia Supreme Court · 1859
- Rixey's Executors v. CommonwealthSupreme Court of Virginia · 1919
- Huntington v. Central Pac. R.U.S. Circuit Court for the District of California · 1874
- People v. CrockettCalifornia Supreme Court · 1867
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