More v. Garcia
California Supreme Court
AppeAl from the District Court, First Judicial District, Santa Barbara County. The Mexican Government, in 1846, granted to Daniel A. Hill one league of land in what is now the County of Santa Barbara.
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AppeAl from the District Court, First Judicial District, Santa Barbara County. The Mexican Government, in 1846, granted to Daniel A. Hill one league of land in what is now the County of Santa Barbara. The United States District Court confirmed the grant to said Hill, and the President of the United States issued to him a patent therefor March 10th, 1865. More, the plaintiff, purchased the land from Hill on the 26th day of ¡November, 1864. Where the land fronts on the sea shore, between high and low tide, are mines of asphaltum. The defendants were engaged in mining the asphaltum, and this…
1Opinion of the Court
By the Court, Rhodes, J.:
In Teschemaker v. Thompson, 18 Cal. 11, it was admitted that the patent of the United States to the plaintiffs embraced the lands in controversy; and the lands in dispute in Ward v. Mulford, 32 Cal. 365, were within the lines of the survey, and were embraced by the patent from the United States. Were that the position of the lands in dispute in this case^ the authority of those cases would be decisive of this. But the question here is, whether the lands in controversy—that is to say, the lands below the line of ordinary high tide of the Pacific Ocean—are embraced…
2Cases cited2 opinions
- Teschemacher v. ThompsonCalifornia Supreme Court · 1861
- Ward v. MulfordCalifornia Supreme Court · 1867
3Cited by15 opinions
- Castro v. BarryCalifornia Supreme Court · 1889
- Coburn v. San Mateo CountyU.S. Circuit Court for the District of Northern California · 1896
- Wright v. SeymourCalifornia Supreme Court · 1886
- White v. State of CaliforniaCalifornia Court of Appeal · 1971
- People v. CityCalifornia Supreme Court · 1888
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