Legal Opinion · Dissent

Cucamonga Fruit-Land Co. v. Moir

California Supreme Court

Decided February 5, 1890No. 13055Published

Appeal from a judgment of the Superior Court of San Bernardino County, and from an order denying a new trial. The facts are stated in the opinion of the court.

1DissentPaterson, J.

— Ejectment. The complaint is in the ordinary form. The answer specifically denies plaintiff’s ownership, and that the defendant wrongfully or unlawfully entered into or withholds possession of the *109premises. Plaintiff claims title under a patent of the United States and a certificate of purchase from the state of California. Defendant contends that the patent is void, because the United States had no title, the land having been listed to the state in 1870, and confirmed by Congress; that the certificate of purchase issued to Mullan, defendant’s grantor, is void, because the state never had…

2Cases cited10 opinions

  1. Kentfield v. HayesCalifornia Supreme Court · 1881
  2. McKenzie v. BrandonCalifornia Supreme Court · 1886
  3. Chapman v. QuinnCalifornia Supreme Court · 1880
  4. Harbin v. BurghartCalifornia Supreme Court · 1888
  5. Plummer v. WoodruffCalifornia Supreme Court · 1887

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