Yates v. Smith
California Supreme Court
Appeal from the District Court of the Tenth District, Colusa County. The facts of this case are minutely detailed in 28 Cal. 652, and in 32 Cal. 659. They are likewise sufficiently recapitulated in the dissenting opinion of Hr. Justice Cbocicett, to render any further statement unnecessary for the full and clear apprehension of the points discussed or decided.
1Opinion of the CourtRhodes, J.
This case, in its material facts, is not distinguishable from Treadway v. Semple (28 Cal. 652), and Semple v. Wright (32 Cal. 659.) The fact that plaintiff received a conveyance of the premises in controversy before the confirmation of the survey of the Jimeno rancho, is not material, as, under the rule laid down in Rodrigues v. United States (1 Wal. 587)— upon the authority of which these cases were decided—the confirmation of the survey was binding upon all persons, whether they intervened or not. If that rule is believed to be wrong, the correction must be sought in the tribunal that laid…
2Cases cited2 opinions
- Semple v. WrightCalifornia Supreme Court · 1867
- Treadway v. SempleCalifornia Supreme Court · 1865
3Cited by6 opinions
- Bernhard v. WallCalifornia Supreme Court · 1921
- United Land Ass'n v. KnightCalifornia Supreme Court · 1890
- Yates v. SmithCalifornia Supreme Court · 1871
- Venard v. GreenUtah Supreme Court · 1886
- Semple v. WareCalifornia Supreme Court · 1871
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