Neil v. McNear
California Supreme Court
Appeal from a judgment in the Twenty-second District Court for the County of Sonoma. Temple, J. The action was brought to quiet the title of the plaintiff to the land conveyed to the plaintiff by Hopper. The judgment determined that the defendant, the Petaluma Gas Company, was entitled to the right of way mentioned in the opinion. The plaintiff appealed. After the decision, the appellant filed his petition that the . appeal be reheard in Bank, and the application was denied.
1Opinion of the Court
Ross, J.:
The lands included within the limits of the city of Petaluma were a part of an alleged Mexican grant, the title to which was rejected by the United States tribunals. The lands were thus determined to be public lands of the Government of the United States. That portion thereof known as lot 380 according to the Stratton Survey was, in the year 1865, in the actual and exclusive occupancy of one Baxter, who held it by possessory title only. On the 10th of June of that year, and while so possessed, Baxter executed to one Hopper a deed purporting to convey that portion of said lot (then…
2Cited by1 opinion
- Watkins v. LynchCalifornia Supreme Court · 1886