Taylor v. Underhill
California Supreme Court
The facts are stated in tbe opinion. Tbe Court erred in dismissing plaintiff’s complaint and rendering judgment for defendant, because, from tbe pleadings and findings, it appears tbe defendant was about to obtain, and will obtain if not restrained, a patent for a strip of land in front of plaintiff’s land to wbicb be (defendant) is not entitled, and sucb patent will be a cloud on plaintiff’s right to tbe slope of tbe bank in front of bis claim. II.
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The facts are stated in tbe opinion. Tbe Court erred in dismissing plaintiff’s complaint and rendering judgment for defendant, because, from tbe pleadings and findings, it appears tbe defendant was about to obtain, and will obtain if not restrained, a patent for a strip of land in front of plaintiff’s land to wbicb be (defendant) is not entitled, and sucb patent will be a cloud on plaintiff’s right to tbe slope of tbe bank in front of bis claim. II. G. Ola/rh and A. Oomte, Jr., and J. W. Armstrong, for Respondent,
1Opinion of the Court
Temple, J.,
delivered tbe opinion of tbe .Court; Rhodes, C. J., and Crookett, J., concurring:
Tbe plaintiff avers tbatformore than eighteen years be has bad possession, under tbe possessory laws of this State, of a tract of land in tbe county of Tolo, adjoining tbe Sacramento River, and including tbe village of Washington, opposite tbe city of Sacramento. That in November, 1868, tbe defendant, beingCounty Surveyor, was employed to survey tbe tract, with a view of purchasing it from tbe State as swamp and overflowed land. That tbe defendant made tbe survey, extend*472ing as tbe plaintiff supposed,…
2Cases cited1 opinion
- People ex rel. Pierce v. MorrillCalifornia Supreme Court · 1864
3Cited by21 opinions
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- Bohn v. AlbertsonCalifornia Court of Appeal · 1951
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