Estrada v. Murphy
California Supreme Court
Appeal from the Third District. This is an ordinary action of ejectment for the recovery of the possession of the Rancho lying in Santa Clara county, granted under the name of Pastoria de las Borregas. The plaintifFs allege that they are seized in fee of the premises, and are entitled to the possession of the same.
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Appeal from the Third District. This is an ordinary action of ejectment for the recovery of the possession of the Rancho lying in Santa Clara county, granted under the name of Pastoria de las Borregas. The plaintifFs allege that they are seized in fee of the premises, and are entitled to the possession of the same. Defendant Murphy, as to whom alone there is any contest, filed an answer, which, after a general denial, averred in substance that on or before March 12th, 1856—the date of plaintiffs’ alleged seizin —he was and thence hitherto has been and now is seized and possessed in fee of a…
1Opinion of the Court
Field, C. J. delivered the following opinion
Baldwin, J. concurring.
The Act of Congress of March 3d, 1851, “ to ascertain and settle the private land claims in the State of California,” in its eighth *269section, requires every person “ claiming lands in California by virtue of any right or title derived from the Spanish or Mexican Government,” to present the same to the Board of Land Commissioners, together with such documentary evidence and testimony of witnesses as the claimant may rely upon in support of his claim; and makes it the duty of the Commissioners, when the case is ready for hearing,…
2Cases cited4 opinions
- Penziner v. West American Finance Co.California Supreme Court · 1937
- Waterman v. SmithCalifornia Supreme Court · 1859
- United States v. FossattSupreme Court of the United States · 1859
- Hall v. Doe ex dem. RootSupreme Court of Alabama · 1851
3Cited by48 opinions
- Quinby v. ConlanSupreme Court of the United States · 1882
- Grattan v. WigginsCalifornia Supreme Court · 1863
- Bohall v. DillaSupreme Court of the United States · 1885
- Bruck v. TuckerCalifornia Supreme Court · 1871
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
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