Legal Opinion

Sampson v. Shaeffer

California Supreme Court

Decided July 15, 1853PublishedCited by 4 opinions

Appeal from the Fourth Judicial District, Tuba County. / This action was brought to recover the sum of $1400, alleged • to he due from defendant to plaintiff, for the use and occupation of a certain lot of land in the City of Marysville, Tuba County (Lot No. 2, block No. 1, range E.), and particularly described, \ “ at defendant’s request, and by the permission of the plaintiff, l from the 1st March, 1851, to the 1st May, 1852.” The answer of the defendant denies all…

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Appeal from the Fourth Judicial District, Tuba County. / This action was brought to recover the sum of $1400, alleged • to he due from defendant to plaintiff, for the use and occupation of a certain lot of land in the City of Marysville, Tuba County (Lot No. 2, block No. 1, range E.), and particularly described, \ “ at defendant’s request, and by the permission of the plaintiff, l from the 1st March, 1851, to the 1st May, 1852.” The answer of the defendant denies all indebtedness to the plaintiff for the use and occupation of the said lot, and denies that he used and occupied the said lot…

1Opinion of the CourtWells, Justice

Heydenfeldt, Justice, concurred.

The action ir. the court below, was brought to recover $1400, for the alleged ise and occupation of certain premises in Marysville, by the defendant, “at his request, and by the permission of the plaintiff," iron March 1, 1851, to May, 1852. The defendant in his answer denies all indebtedness for the alleged use and occupation by him of the premises, and denied that he used and occupied them by tie permission of the plaintiff.

The legality of tie plaintiff’s title is not in issue. The plaintiff could not prevál upon it in this action, if it were valid; neither…

2Cases cited2 opinions

  1. Smith v. StewartNew York Supreme Court · 1810
  2. Featherstonhaugh v. BradshawNew York Supreme Court · 1828

3Cited by4 opinions

  1. Appleton v. AmesMassachusetts Supreme Judicial Court · 1889
  2. Taggart v. ShepherdCalifornia Court of Appeal · 1932
  3. Columbia & Puget Sound Railroad v. Histogenetic Medicine Co.Washington Supreme Court · 1896
  4. Greenlee County v. CoteyArizona Supreme Court · 1916

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