Legal Opinion

Durfee v. Plaisted

California Supreme Court

Decided July 1, 1869PublishedCited by 11 opinions

Appeal from the District Court, Seventh District, County of Solano. The action was for the recovery of a lot of ground in the City of Vallejo, and within the limits of the Suscol rancho. The plaintiff'claimed title through several mesne conveyances, under the Act of Congress of March 3d, 1863 (12 U. S. Stats. 808) “granting the right of pre-emption, etc., to the purchasers of the Suscol rancho,” and a patent issued in conformity therewith.

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Appeal from the District Court, Seventh District, County of Solano. The action was for the recovery of a lot of ground in the City of Vallejo, and within the limits of the Suscol rancho. The plaintiff'claimed title through several mesne conveyances, under the Act of Congress of March 3d, 1863 (12 U. S. Stats. 808) “granting the right of pre-emption, etc., to the purchasers of the Suscol rancho,” and a patent issued in conformity therewith. On the trial, the plaintiff offered in evidence the patent of the United States to the parties under whom he claimed. To which defendant objected, on the…

1Opinion of the CourtRhodes, J.

The plaintiff claims title to the premises under a patent issued by the United States to Frisbie and others, by virtue of the Act of Congress of March 3, 1863, granting the right of pre-emption, etc., to the purchasers of the Suscol rancho. (12 U. S. Stats. 808.) The Act provides that, after the public surveys have been extended over .the rancho, the bona fide purchasers from M. G. Vallejo, or his assigns, may enter the lands which they had purchased and reduced to possession, when the claim of Vallejo to the rancho was rejected by the Supreme Court of the United States; that joint entries…

2Cases cited5 opinions

  1. Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
  2. Doll v. MeadorCalifornia Supreme Court · 1860
  3. People ex rel. Pixley v. StrattonCalifornia Supreme Court · 1864
  4. O'Connor v. BlakeCalifornia Supreme Court · 1865
  5. Page v. HobbsCalifornia Supreme Court · 1865

3Cited by11 opinions

  1. Standard Quicksilver Co. v. HabishawCalifornia Supreme Court · 1901
  2. Truckee & Tahoe Turnpike Road Co. v. CampbellCalifornia Supreme Court · 1872
  3. Churchill Co. v. KingsburyCalifornia Supreme Court · 1918
  4. California Reduction Co. v. Sanitary Reduction WorksCourt of Appeals for the Ninth Circuit · 1903
  5. De Toro v. RobinsonCalifornia Supreme Court · 1891

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