Umbarger v. Chaboya
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Santa Clara. The Board of Land Ommissioners confirmed the claim of the Pueblo of San José to four square leagues, and an appeal having been taken to the United States District Court for the Northern District of California, that tribunal, on the 6th day of August, 1857, also confirmed said claim, discribing it by-metes and bounds.
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Appeal from the District Court, Third Judicial District, County of Santa Clara. The Board of Land Ommissioners confirmed the claim of the Pueblo of San José to four square leagues, and an appeal having been taken to the United States District Court for the Northern District of California, that tribunal, on the 6th day of August, 1857, also confirmed said claim, discribing it by-metes and bounds. An appeal was taken to the Supreme Court of the United States, which Court, on the 13th day of June, 1866, also confirmed the claim “in trust for the benefit of the lot holders under grants from the…
1Opinion of the Court
By the Court, Wallace, C. J.:
This is an action of ejectment brought to recover a tract of land in Santa Clara county, lying southerly of the city of San José, known as lot numbered six of the five hundred acre lots so-called. At the trial the plaintiff’s had judgment, from which judgment and also from an order denying their motion for a new trial, the defendants bring the present appeal.
The plaintiffs claim the premises by title derived from one Pedro Chaboya, who was the confirmee thereof under certain proceedings taken by him before the District Court of the United States, pursuant to a…
2Cases cited1 opinion
- De Bernal v. LynchCalifornia Supreme Court · 1868
3Cited by6 opinions
- Hall v. DavisSupreme Court of Georgia · 1905
- State v. HeroldWest Virginia Supreme Court · 1915
- Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
- MacGregor v. KnowldenCalifornia Court of Appeal · 1929
- Wagnor v. BlumeCalifornia Court of Appeal · 1945
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