Clink v. Thurston
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. The defendant, after the plaintiff had rested, in support of the allegation in the answer as to the character of the land, offered to prove that it was swamp and overflowed, both by the map and field notes of the approved survey by the United States, on file in the Land Office, and by witnesses who knew the character of the land.
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. The defendant, after the plaintiff had rested, in support of the allegation in the answer as to the character of the land, offered to prove that it was swamp and overflowed, both by the map and field notes of the approved survey by the United States, on file in the Land Office, and by witnesses who knew the character of the land. The Court excluded the testimony, on the ground that the defendant was estopped by the former judgment. The defendant then offered to prove that Bartlett bought the land from the State as…
1Opinion of the Court
By the Court, Niles, J.:
This was ejectment to secure possession of the southeast quarter of section twenty-six, township three north, range seven east, in the county of San Joaquin. The complaint averred plaintiff’s seizin and ownership in fee, and entry and ouster by the defendant, in the usual form..
The defendant, by his answer, in addition to a general denial, averred, among other things, that the land in controversy was swamp and overflowed land, and as such was the property of the State; that in October, 1865, one Bartlett purchased the land from the State in the manner pre*28scribed by…
2Cases cited3 opinions
- Moss v. ShearCalifornia Supreme Court · 1866
- Flandreau v. DowneyCalifornia Supreme Court · 1863
- Calderwood v. PyserCalifornia Supreme Court · 1866
3Cited by27 opinions
- Crim v. KessingCalifornia Supreme Court · 1891
- In re the Estate of CookCalifornia Supreme Court · 1888
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1907
- Moulton v. SmithArizona Supreme Court · 1922
- Ahlers v. SmileyCalifornia Court of Appeal · 1909
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