Donner v. Palmer
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This was an action to recover possession of an undivided three fourths interest in One Hundred Vara Lot Number Thirty-Nine, in the City of San Francisco, commenced April 8th, 1861. The complaint alleged that on July 19th, 1847, George Hyde, then .Alcalde of the Pueblo of San Francisco, now the city of that name, granted the lot in question to the plaintiff, who was then an infant of…
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This was an action to recover possession of an undivided three fourths interest in One Hundred Vara Lot Number Thirty-Nine, in the City of San Francisco, commenced April 8th, 1861. The complaint alleged that on July 19th, 1847, George Hyde, then .Alcalde of the Pueblo of San Francisco, now the city of that name, granted the lot in question to the plaintiff, who was then an infant of the age of ten years; that the grant was delivered to one McDonald, then acting as guardian of the plaintiff, for the…
1Opinion of the Court
By the Court, Sanderson, J.:
I. Whether the first exception was well taken or not depends upon the rank as evidence assigned by the Mexican law, which was then in force, to the entry in “ Book A of Original Grants.” .
By the instructions approved by the King of Spain, and made for the purpose of establishing the Town of Pitic, in the Province of Sonora, and directed to be adopted and followed in establishing other new settlements, promulgated on the 14th of November, 1789, a record of the proceedings of the public functionaries authorized to make grants of town lots to settlers was required to…
2Cases cited3 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Downer v. SmithCalifornia Supreme Court · 1864
- Rice v. CunninghamCalifornia Supreme Court · 1866
3Cited by15 opinions
- United States v. SchurzSupreme Court of the United States · 1880
- De Levillain v. EvansCalifornia Supreme Court · 1870
- Eltzroth v. RyanCalifornia Supreme Court · 1891
- Heller v. CommissionerUnited States Board of Tax Appeals · 1940
- Donner v. PalmerCalifornia Supreme Court · 1877
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