Hawxhurst v. Lander
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. Plaintiff appealed from an order granting a new trial. The affidavit made by appellant in 1860, under the Possessory Act, described the boundaries of a tract of land commencing at a given point, and running thence west forty chains, thence north forty chains, thence east forty chains, and thence south forty chains to the place of beginning.
Read the full summary
Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. Plaintiff appealed from an order granting a new trial. The affidavit made by appellant in 1860, under the Possessory Act, described the boundaries of a tract of land commencing at a given point, and running thence west forty chains, thence north forty chains, thence east forty chains, and thence south forty chains to the place of beginning. Appellant was residing on the land, and continued to reside there, and made valuable improvements on the same. The affidavit made in 1863 changed the boundaries of the land…
1Opinion of the Court
By the Court,
Currey, J.
Ejectment for a parcel of land in the coal district in Contra Costa County. The land in controversy consists of about twenty-seven acres. The plaintiff claims it by virtue of proceedings taken under the Act of the Legislature entitled “An Act prescribing the mode of maintaining and defending possessory actions on public lands in this State,” passed in 1852. (Laws 1852, p. 158.) The cause was tried by the Court, a jury having been waived, and judgment was rendered for the plaintiffs, which was subsequently set aside, and a new trial granted. The Court is asked to reverse…
2Cited by10 opinions
- McManus v. O'SullivanCalifornia Supreme Court · 1874
- In Re BrainCalifornia Court of Appeal · 1924
- People v. BowmanCalifornia Supreme Court · 1889
- Jiménez Meléndez v. JonesSupreme Court of Puerto Rico · 1953
- Hart v. CoxCalifornia Supreme Court · 1915
5 more not listed; retrieve them via the Exa API.