Legal Opinion

Kernan v. Griffith

California Supreme Court

Decided July 1, 1864PublishedCited by 16 opinions

Appeal from the District Court, Fifth Judicial District, San Joaquin County. Defendant recovered judgment in the Court below, and plaintiff appealed. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Shafter, J.

This was an action of ejectment, brought to recover the possession of the northwest quarter of Section Number Seventeen, in Township Number Three south, Range Seven east, according to the surveys of public lands of the United States, in the County of San Joaquin.

The plaintiff claimed by title derived from John D. Winters, to whom the lands were patented by the State as swamp and overflowed lands, January 15, 1856, and who' had purchased them under the Act of April 28, 1855. This claim the plaintiff sustained, prima facie, 'at the trial, by the introduction of the…

2Cases cited4 opinions

  1. Wilcox v. JacksonSupreme Court of the United States · 1839
  2. Foley v. HarrisonSupreme Court of the United States · 1854
  3. Summers v. DickinsonCalifornia Supreme Court · 1858
  4. Owens v. JacksonCalifornia Supreme Court · 1858

3Cited by16 opinions

  1. Wright v. RoseberrySupreme Court of the United States · 1887
  2. Foss v. JohnstoneCalifornia Supreme Court · 1910
  3. Wells v. Pennington CountySouth Dakota Supreme Court · 1891
  4. Robinson v. ForrestCalifornia Supreme Court · 1865
  5. San Joaquin & Kings River Canal & Irrigation Co. v. WorswickCalifornia Supreme Court · 1922

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