Foscalina v. Doyle
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Alameda. Two actions of ejectment, brought one to recover from defendants Doyle and Bates the East half of section twenty-four, T. P. 3 South, Bange 2 East, Mount Diablo Meridian, and the other, to recover from defendants Pratt and Carr, the West half of Section 24 in the same town and range.
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Appeal from the District Court, Third Judicial District, County of Alameda. Two actions of ejectment, brought one to recover from defendants Doyle and Bates the East half of section twenty-four, T. P. 3 South, Bange 2 East, Mount Diablo Meridian, and the other, to recover from defendants Pratt and Carr, the West half of Section 24 in the same town and range. The lands are in Alameda county, and the defendants claimed that they were within the exterior boundaries of the rancho Los Pocitas, granted by the Mexican nation to Mr. Livermore. This grant was a sobrante, and was confirmed to the…
1Opinion of the Court
By the Court, Crockett, J.:
It is clearly established by the evidence that the defendants, when they entered upon the demanded premises, intruded upon the actual possession of the plaintiff, which he held as a tenant under Hough & Harlan. The defendants seek to justify their entry on the ground that the land was a part of the public domain of the United States, which was then subject to pre-emption; and that, being qualified pre-emptioners, they entered in good faith for the purpose of taking up and perfecting pre-emption claims. If the land was not subject to pre-emption, this defense must…
2Cases cited2 opinions
- Toland v. MandellCalifornia Supreme Court · 1869
- Hodapp v. SharpCalifornia Supreme Court · 1870
3Cited by4 opinions
- Harris v. SeidellCalifornia Court of Appeal · 1934
- Kirsch v. BrigardCalifornia Supreme Court · 1883
- McGarrahan v. New Idria Mining Co.California Supreme Court · 1874
- Wilkinson v. MerrillCalifornia Supreme Court · 1877