Legal Opinion

High v. Shoemaker

California Supreme Court

Decided July 1, 1863Published

Appeal from the Sixteenth Judicial District. Ejectment to recover a tract of land in Amador County called the “ Hew York Rancho.”

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Appeal from the Sixteenth Judicial District. Ejectment to recover a tract of land in Amador County called the “ Hew York Rancho.” The complaint alleges that in 1858 the premises were owned by one Hammond, and in the month of May, of that year, an assessment of forty-eight dollars and sixty-eight cents for State and county taxes was made thereon; that the property was assessed to Hammond, and was described upon the assessment roll as “ Four hundred acres of land, situated on the Volcano and Jackson Road, in Township Ho. 1, of the County of Amador, and State of California, and commonly known as…

1Opinion

On petition for rehearing, Norton, J. delivered the opinion of the Court—Cope, C. J. and Crocker, J. concurring.

The petition for rehearing in this case insists that by a change in the punctuation it may be made apparent that Sec. 4 of the Revenue Act of 1857, requires that in listing lands situated outside of cities or incorporated towns the metes and bounds must be given, and that it was so decided in the case of Lachman v. Clark (14 Cal. 133).

So long as the words of this section stand in their present order and coupled by the conjunction “ or,” no change in the punctuation can make it clear…

2Cases cited3 opinions

  1. Patten v. GreenCalifornia Supreme Court · 1859
  2. Palmer v. BolingCalifornia Supreme Court · 1857
  3. Lachman v. ClarkCalifornia Supreme Court · 1859

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