Keeran v. Allen
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. This was an action to recover the southeast quarter of Séetion Humber Seven, in Township Humber Three South, Range Humber Seven East, Mount Diablo Meridian. The plaintiff claimed in his complaint that he was the owner of the land on the first day of December, 1863, and since had been.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. This was an action to recover the southeast quarter of Séetion Humber Seven, in Township Humber Three South, Range Humber Seven East, Mount Diablo Meridian. The plaintiff claimed in his complaint that he was the owner of the land on the first day of December, 1863, and since had been. The defendant in his answer claimed that on or about the 18th day of Hovember, 1863, the land was open to preemption and homestead settlement, and that he then settled upon it, and had performed every act required of him to be performed…
1Opinion of the Court
By the Court, Shafter, J.:
Questions arising in this case were passed upon by us in 27 Cal. 91, and in 31 Cal. 461. The case comes here upon an appeal from the judgment, aided by a statement of errors alleged to have occurred at the trial.
The plaintiff made title to the premises as swamp and *546overflowed lands under a patent from the State. The defendant claimed them under the Homestead Law of 1862, and introduced evidence, subject to objection, tending to prove an equitable right to the land under said Act, as against the Government. The objection to the evidence was that “ the land was not…
2Cases cited2 opinions
- Kernan v. GriffithCalifornia Supreme Court · 1864
- Keeran v. GriffithCalifornia Supreme Court · 1866
3Cited by7 opinions
- Tubbs v. WilhoitCalifornia Supreme Court · 1887
- American Emigrant Co. v. Rogers Locomotive Machine WorksSupreme Court of Iowa · 1891
- Keeran v. GriffithCalifornia Supreme Court · 1868
- McCord v. SlavinCalifornia Supreme Court · 1904
- Fredericks v. ZumwaltCalifornia Supreme Court · 1901
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