Finney v. Berger
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of Tuolumne. The court below rendered judgment that the plaintiff was entitled to purchase the north half of the land in controversy, and that the defendant was entitled to purchase the south half. Both parties appealed, and it was stipulated that both appeals should be heard on the same transcript. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Rhodes, J.:
This is an action to determine a contest arising in the Surveyor-General’s office, in respect to the right of the parties to purchase from the State the north half of the northwest quarter of section thirty-six, in township one north of range fifteen east, Mount Diablo range and meridian. The court found that the official plat of the survey of the township was filed in the Stockton Land Office March 21, 1871; that the defendant’s application to purchase was filed in the office of the Surveyor-General of the State July 20, 1870; and that the plaintiff’s application was…
2Cases cited1 opinion
- Middleton v. LowCalifornia Supreme Court · 1866
3Cited by4 opinions
- Garfield v. WilsonCalifornia Supreme Court · 1887
- Prentice v. MillerCalifornia Supreme Court · 1890
- Medley v. RobertsonCalifornia Supreme Court · 1880
- Baker v. JamisonSupreme Court of Minnesota · 1893