Keeran v. Griffith
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The facts concerning this action are stated in the reports of this case in 21 Cal. 81, and 31 Cal. 461. The principal issue of fact at the trial was as to the character of the land in controversy—whether swamp and overflowed, or dry land.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. The facts concerning this action are stated in the reports of this case in 21 Cal. 81, and 31 Cal. 461. The principal issue of fact at the trial was as to the character of the land in controversy—whether swamp and overflowed, or dry land. There was evidence given on behalf of defendant, by witnesses Weaman, Lewis, and Thornton, as to the qualities of adjacent lands, more or less dissimilar to the land in dispute, to which plaintiff objected as irrelevant, but, so far as the record shows, did not except to the ruling…
1Opinion of the Court
By the Court, Sawyer, C. J.:
This case has been here twice before, and will be found reported in 27 Cal. 87, and 31 Cal. 461. The precise questions not determined on the former appeals were nearly all disposed of in the similar case of Keeran v. Allen, 33 Cal. 542, and it is unnecessary to discuss them further.
The patent from the United States to the defendant was properly admitted. The United States Government is the source of title in both parties. Whether the plaintiff or the defendant acquired the title, depends upon the question whether the lands were swamp and overflowed within the…
2Cases cited6 opinions
- Koppikus v. State Capitol Comm'rsCalifornia Supreme Court · 1860
- Kiler v. KimbalCalifornia Supreme Court · 1858
- Kernan v. GriffithCalifornia Supreme Court · 1864
- Lick v. FaulknerCalifornia Supreme Court · 1864
- Keeran v. AllenCalifornia Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lee v. MurphyCalifornia Supreme Court · 1897
- People v. EmmonsCalifornia Court of Appeal · 1908
- Dickerson v. DickersonCalifornia Supreme Court · 1895
- Randall v. FreedCalifornia Supreme Court · 1908