Legal Opinion

Simmons v. McCarthy

California Supreme Court

Decided October 15, 1897No. Sac. No. 196PublishedCited by 27 opinions

APPEAL from a judgment of the Superior Court of Siskiyou County and from an order refusing a new trial. J. S. Beard, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHarrison, J.

The plaintiff brought this action to obtain judgment that he is the owner and entitled to the possession of a certain mining claim in Siskiyou county, and that the adverse claim of the defendant thereto is without right. At the trial of the cause the court admitted in evidence, against the objections of the defendant, a tax deed for the premises in controversy, issued to the plaintiff by the tax collector of the county upon a sale by him for delinquent taxes for the fiscal year commencing July 1, 1888, and it is contended by the defendant upon this appeal that it was erroneously admitted, and…

2Cases cited4 opinions

  1. Grimm v. O'ConnellCalifornia Supreme Court · 1880
  2. Treadwell v. PattersonCalifornia Supreme Court · 1877
  3. Reed v. LyonCalifornia Supreme Court · 1892
  4. Hall v. CappsCalifornia Supreme Court · 1895

3Cited by27 opinions

  1. Baird v. MonroeCalifornia Supreme Court · 1907
  2. Cullen v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1913
  3. Beggs v. PaineNorth Dakota Supreme Court · 1906
  4. Miller v. WilliamsCalifornia Supreme Court · 1901
  5. Hinz v. Musselshell CountyMontana Supreme Court · 1928

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