Hutton v. Frisbie
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The plaintiff averred in his complaint that on the 16th day of November, 1862, he entered and settled upon a tract of land described as the Southwest Quarter of Section Twenty-five, in Township Four North, in Range Four West, of Mount Diablo meridian, in Napa County, California, and that said land was apart of what was formerly known as the Soscol Rancho, and which was claimed under…
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The plaintiff averred in his complaint that on the 16th day of November, 1862, he entered and settled upon a tract of land described as the Southwest Quarter of Section Twenty-five, in Township Four North, in Range Four West, of Mount Diablo meridian, in Napa County, California, and that said land was apart of what was formerly known as the Soscol Rancho, and which was claimed under a pretended Mexican grant by M. G. Vallejo, but which grant had been rejected by the Supreme Court.of the United States,…
1Opinion of the Court
By the Court, Sawyer, C. J. :
The questions arise upon demurrer to the complaint. The following and other subordinate facts are alleged. The allegations, for the purposes of our decision, must be assumed to be true.
On the 24th of March, 1862, the claim to the Soscol Bancho, under the Mexican grant to Vallejo, was rejected by the Supreme Court of the United States, and thereafter, till the passage of the Act of 1863, hereinafter considered, the lands embraced in said rancho, for the purposes of this decision, will be regarded as a part of the public domain of the United States to which the…
2Cases cited8 opinions
- Lytle v. the State of ArkansasSupreme Court of the United States · 1850
- People v. ShearerCalifornia Supreme Court · 1866
- Delassus v. United StatesSupreme Court of the United States · 1835
- Page v. FowlerCalifornia Supreme Court · 1865
- United States v. FitzgeraldSupreme Court of the United States · 1841
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3Cited by21 opinions
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