Von Drachenfels v. Doolittle
California Supreme Court
Appeal from a judgment of the Superior Court of Del Norte County, from an order vacating a judgment, from an order overruling a demurrer to the answer, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
This is an action under section 738 of the Code of Civil Procedure to determine an adverse claim; or, as is usually said, an action to quiet title. The complaint is in the usual form, averring in substance that the plaintiff is the owner of the premises (as against all persons except the United States), and that the defendants have some claim to the premises adverse to the plaintiff, which claim “is without any right whatever.” The facts are as follows: The owners of a mining claim upon public land conveyed it to the defendants, who were and are husband and wife. The consideration…
2Cases cited1 opinion
- Frost v. SpitleySupreme Court of the United States · 1887
3Cited by21 opinions
- Castro v. BarryCalifornia Supreme Court · 1889
- McDonald v. McCoyCalifornia Supreme Court · 1898
- Robinson v. MuirCalifornia Supreme Court · 1907
- Chapman v. HicksCalifornia Court of Appeal · 1919
- Tuffree v. PolhemusCalifornia Supreme Court · 1895
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