Chapman v. Polack
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Nineteenth District Court, City and County of San Francisco. Wheeler, J. This is an action to quiet title, brought upon the patent involved in The United States v. Chapman, 5 Saw. 528, the plaintiff in this having been the defendant in that case.
1Opinion of the Court
The Court :
The plaintiff’s right to recover depends entirely upon the validity of his patent. If that is invalid, the judgment of the Court below must be reversed. The evidence in this cause is substantially the same as it was in the case of the United States v. Chapman, reported in 5 Saw. 528, in which the validity of the patent upon which the plaintiff bases his right to recover in this case, was involved. The Court in that case held it to be invalid. The evidence in this case as in that, shows that the application of the plaintiff to locate Sioux half-breed scrip which had not been issued…
2Cases cited1 opinion
- United States v. ChapmanU.S. Circuit Court for the District of California · 1879
3Cited by2 opinions
- Polack v. GurneeCalifornia Supreme Court · 1884
- Chapman v. PolackCalifornia Supreme Court · 1884