Hestres v. Brennan
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. Action of ejectment commenced on the 7th day of April, 1872, to recover the south half of section six, and the north half of section seven, in township two north, range eight east, Mount Diablo meridian.
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. Action of ejectment commenced on the 7th day of April, 1872, to recover the south half of section six, and the north half of section seven, in township two north, range eight east, Mount Diablo meridian. The defendants answered, setting up that they were severally in possession of a quarter of the section sued for, and that each entered as a preemptor, and that at the time of entry the land was public land. The cause was tried by the court without a jury. The plaintiff’s intestate died on the 24th of January,…
1Opinion of the Court
By the Court, Rhodes, J.:
The new trial was granted on the ground that the court erred in admitting in evidence the proceedings had in the office of the Secretary of the Interior, after the issuing to the defendants of their certificates of purchase. The defendants claimed the right of pre-emption, and had filed their declaratory statements before the commencement of the action, and certificates of purchase had been issued to three of the defendants before the filing of the answers. The right of the defendant to purchase the lands was contested by the plaintiff’s intestate, and in 1867 the…
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