Legal Opinion

Brewer v. Houston

California Supreme Court

Decided July 1, 1881No. 7,221PublishedCited by 5 opinions

Appeal from a judgment and from an order denying a new trial in the Fifteenth District Court, County of Contra Costa. Dwinelle, J. Action to quiet title. The plaintiff deraigned title under three swamp land patents, based respectively upon survey Nos. 115, 125, and 433. The description of the land in the first patent (Exhibit B) is as follows: The east half of southeast quarter, section eleven; south half of section twelve, township one south, range three east.

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Appeal from a judgment and from an order denying a new trial in the Fifteenth District Court, County of Contra Costa. Dwinelle, J. Action to quiet title. The plaintiff deraigned title under three swamp land patents, based respectively upon survey Nos. 115, 125, and 433. The description of the land in the first patent (Exhibit B) is as follows: The east half of southeast quarter, section eleven; south half of section twelve, township one south, range three east. Fractional south-west quarter, and fraction in west half of south-east quarter, section seven, township one south, range four east,…

1Opinion of the Court

The Court :

We have examined the transcript in this cause, and find no error in the ruling of the Court below. The nonsuit was properly granted. If a mistake was made in failing to insert a course in the patent issued to P. S. Van Rensselaer and bearing date the 9th day of August, 1873, wé can not see how it can be corrected in this action.

Judgment and order affirmed

2Cited by5 opinions

  1. Castro v. BarryCalifornia Supreme Court · 1889
  2. Shanahan v. CramptonCalifornia Supreme Court · 1891
  3. Harrigan v. MowryCalifornia Supreme Court · 1890
  4. Glasmann v. O'DonnellUtah Supreme Court · 1890
  5. Miller v. GrunskyCalifornia Supreme Court · 1903

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