Hosmer v. Wallace
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Clara. Bill in equity to have the defendant adjudged to hold in trust for the plaintiff, the title he acquired by a United States Patent to about fifty-four acres of land, and to be required to convey it to the plaintiff.
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Appeal from the District Court of the Third Judicial District, County of Santa Clara. Bill in equity to have the defendant adjudged to hold in trust for the plaintiff, the title he acquired by a United States Patent to about fifty-four acres of land, and to be required to convey it to the plaintiff. The plaintiff, in October, 1856, settled on the north half of the north half of sec. 1, T. P. 7 south, Bange 2 west, Mount Diablo meridian, but his actual occupancy was confined to the north half of the U. E. J. The north half of the north-east quarter was within the exterior boundaries of a…
1Opinion of the Court
By the Court, Crockett, J.:
The plaintiff appeals, on the judgment-roll alone, from a judgment in favor of the defendant; and the only question before us, is, whether on the pleadings and findings the plaintiff is entitled to the relief demanded. The principal question in the case, is, whether on the facts admitted by the pleadings or found by the Court, the action of the Begister and Beceiver, in permitting the plaintiff’s entry and accepting the purchase price, was subject to the revision and control of the Commissioner of the General Land Office and the Secretary of the Interior. It appears…
2Cited by13 opinions
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- Hess v. BolingerCalifornia Supreme Court · 1874
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