Kile v. Tubbs
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The plaintiffs’ patent was issued in June, 1862, by the State, after a full compliance by them with the Acts of the Legislature regulating the sale of swamp and overflowed lands.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. The plaintiffs’ patent was issued in June, 1862, by the State, after a full compliance by them with the Acts of the Legislature regulating the sale of swamp and overflowed lands. The action was commenced in August, 1863. The defendant went on the land in January, 1862, and claimed the right of possession as a pre-emptor under the laws of the United States, as being public land of the United States, subject to settlement and to entry for the purposes of pre-emption. The land had not been surveyed by the General…
1Opinion of the Court
By the Court, Shafter, J.:
Ejectment for one hundred and sixty acres of land, it being the southwest quarter of section eleven in a certain township in the County of San Joaquin.
The plaintiffs claimed the premises under a State patent issued to them in June, 1862. The lands are described in the patent as “ swamp and overflowed.” The defendant claimed the same lands under the pre-emption laws of the United States, and on the ground of privity with that paramount source of title he was allowed to put in evidence for the purpose of showing that the lands included in the patent were not swamp and…
2Cases cited2 opinions
- Doll v. MeadorCalifornia Supreme Court · 1860
- Kile v. TubbsCalifornia Supreme Court · 1863
3Cited by8 opinions
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- Meeks v. KirbyCalifornia Supreme Court · 1873
- Kirsch v. BrigardCalifornia Supreme Court · 1883
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