Buhne v. Chism
California Supreme Court
Appeal from the District Court, Eighth Judicial District, Humboldt County. The complaint was in the usual form, and averred the plaintiff’s ownership and seizin on the first day of January, 1872, and the ouster on the second day of January, 1872. The defendant denied the allegations of the complaint, and set up that the United States had continuously, since May 23, 1867, occupied the land for light-house purposes, and that he was the keeper of the light-house, employed by…
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Appeal from the District Court, Eighth Judicial District, Humboldt County. The complaint was in the usual form, and averred the plaintiff’s ownership and seizin on the first day of January, 1872, and the ouster on the second day of January, 1872. The defendant denied the allegations of the complaint, and set up that the United States had continuously, since May 23, 1867, occupied the land for light-house purposes, and that he was the keeper of the light-house, employed by the United States at stipulated wages, and that he claimed no interest in the demanded premises. Broderson obtained his…
1Opinion of the Court
By the Court, Crockett, J.:
The action is ejectment, to recover from the light-house keepers the possession of the light-house erected by the United States at Cape Mendocino, together with the tract of land on which it stands. ■ A judgment having been entered for the defendants, the plaintiff appeals on the judgment-roll) claiming that, on the findings of fact, the plaintiff is entitled to recover.
The plaintiff claims under a patent from the State of California, founded on an alleged selection by this State of the land in controversy, as a portion of the seventy-two sections donated to the…
2Cases cited1 opinion
- Hodapp v. SharpCalifornia Supreme Court · 1870
3Cited by4 opinions
- McNeil v. KingsburyCalifornia Supreme Court · 1923
- Roberts v. GebhartCalifornia Supreme Court · 1894
- Roberts v. WardCalifornia Court of Appeal · 1906
- Avery v. Black Diamond Coal Mining Co.California Supreme Court · 1874