Terry v. Mecerle

By the Court, Sanderson, C. J.

This is an action of ejectment. The case was tried in the Court below without a jury. The plaintiff had judgment, ■and the defendant appeals. The facts as found by the Court are acquiesced in by both parties, and the question to be determined is whether the 2>laintiff, upon those facts, is entitled to recover the land in controversy.. The findings are as follows: “ First—That in January, 1862, the plaintiff obtained from the State of California a patent *621for the land in controversy, pursuant to the several Acts for the disposal of the five hundred thousand acres…