Anzar v. Miller
California Supreme Court
Appeal from a judgment of the Superior Court of San Benito County. The facts are stated in the opinion.
1Opinion of the Court
Temple, C.
— Defendants appeal from the judgment and an order refusing a new trial.
This action is brought under sections 738 and 380 of the Code of Civil Procedure to try title to and recover possession of 28.41 acres of land in the county of San Benito.
The plaintiff derives title under a patent from the United States in confirmation of a grant made by a prefect to Mariano Castro, May 19, 1839. The defendant claimed under a grant to one José Modesto, an Indian, dated- March 23, 1843. Judicial possession was given to Modesto, March 28, 1843.
Defendants also plead the statute of limitations. The…
2Cases cited6 opinions
- Henshaw v. BissellSupreme Court of the United States · 1874
- Botiller v. DominguezSupreme Court of the United States · 1889
- Hayes v. MartinCalifornia Supreme Court · 1873
- Norris v. MoodyCalifornia Supreme Court · 1890
- Gardiner v. MillerCalifornia Supreme Court · 1874
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3Cited by8 opinions
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- Tuffree v. PolhemusCalifornia Supreme Court · 1895
- San Francisco Credit Clearing House v. WellsCalifornia Supreme Court · 1925
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