Rose v. Nevada & Grass Valley Wood & Lumber Co.
California Supreme Court
Appeal from a judgment of the Superior Court of Nevada County, and from an order refusing a new trial. The action was brought to recover possession of certain land to which the plaintiff claimed title under a patent from the United States issued to one Benjamin D. Gano on the 30th of April, 1883, as a soldier’s additional homestead, and upon a deed therefor, executed by the said Gano by one A. L. Coombs, his attorney in fact.
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Appeal from a judgment of the Superior Court of Nevada County, and from an order refusing a new trial. The action was brought to recover possession of certain land to which the plaintiff claimed title under a patent from the United States issued to one Benjamin D. Gano on the 30th of April, 1883, as a soldier’s additional homestead, and upon a deed therefor, executed by the said Gano by one A. L. Coombs, his attorney in fact. Prior to the date of the patent, the land was public land of the United States. On the 22d of March, 1880, Gano executed and delivered to one D. H. Talbot a power of…
1Opinion of the CourtPaterson, J.
— The patent to plaintiff’s grantor was issued under the provisions of section 2306, Revised Statutes of the United States. This section was a part of the act of Congress passed April 4, 1872, and is entirely independent of other sections of chapter 5, among which it is placed. (U. S. R. S., sec. 5596.) Unlike our codes, the Revised Statutes of the United States are not to be read as one act, it being expressly provided that “ the arrangement and classification of the several sections of the revision have been made for the purpose of a more convenient and orderly arrangement of the same, and…
2Cases cited2 opinions
- Myers v. CroftSupreme Court of the United States · 1872
- Knight v. LearyWisconsin Supreme Court · 1882
3Cited by10 opinions
- Buckley v. HoweCalifornia Supreme Court · 1890
- Bastjan v. BastjanCalifornia Supreme Court · 1932
- Barnes v. PoirierCourt of Appeals for the Eighth Circuit · 1894
- Grant v. OliverCalifornia Supreme Court · 1891
- Phillips v. CarterCalifornia Supreme Court · 1902
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