Legal Opinion

Mahoney v. Van Winkle

California Supreme Court

Decided July 1, 1863PublishedCited by 22 opinions

Appeal from the Twelfth Judicial District. In 1835, José Antonio Galindo petitioned the proper Mexican authority for a concession of a tract of land called the “ Laguna de la Merced,” situated within the limits of the present counties of San Francisco and San Mateo. In his petition he stated that the tract .solicited was a league in length and half a league in width, more or less, and referred to an accompanying map as showing the boundaries.

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Appeal from the Twelfth Judicial District. In 1835, José Antonio Galindo petitioned the proper Mexican authority for a concession of a tract of land called the “ Laguna de la Merced,” situated within the limits of the present counties of San Francisco and San Mateo. In his petition he stated that the tract .solicited was a league in length and half a league in width, more or less, and referred to an accompanying map as showing the boundaries. After a compliance with the required forms, a grant was issued to him containing the usual conditions of grants in colonization and reciting that “ The…

1Opinion of the CourtField, C. J.

Cope, J. and Norton, J. concurring.

This is an action of ejectment to recover the possession of a tract of land known by the name of the “ Rancho Laguna de la Merced,” situated partly in the county of San Francisco and partly in the county of San Mateo. The plaintiff deraigns his title from the former Mexican Government through a grant issued by the Governor of California to one Galindo in September, 1835. Some of the defendants rested their defense upon the inability of the plaintiff to establish a right to the possession, simply denying in their answers the allegations of the complaint; but…

2Cases cited5 opinions

  1. People v. WellsCalifornia Supreme Court · 1938
  2. Mott v. SmithCalifornia Supreme Court · 1860
  3. Touchard v. CrowCalifornia Supreme Court · 1862
  4. Cornwall v. CulverCalifornia Supreme Court · 1860
  5. Riley v. HeischCalifornia Supreme Court · 1861

3Cited by22 opinions

  1. Frasher v. O'CONNORSupreme Court of the United States · 1885
  2. Carpentier v. WebsterCalifornia Supreme Court · 1865
  3. Brown v. WarrenNevada Supreme Court · 1881
  4. Corbin v. StateSupreme Court of Florida · 1937
  5. Thornton v. MahoneyCalifornia Supreme Court · 1864

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