Tobin v. Walkinshaw
U.S. Circuit Court for the District of Northern California
This is an action of ejectment, brought for the recovery of lands situated in the county of Santa Clara, in this state. A jury trial was waived by the parties, and the case submitted on the law and facts to the court; each party reserving to itself the right of exception to the rulings of the court on the admissibility of the evidence, and to its decisions of the law upon the merits.
Read the full summary
This is an action of ejectment, brought for the recovery of lands situated in the county of Santa Clara, in this state. A jury trial was waived by the parties, and the case submitted on the law and facts to the court; each party reserving to itself the right of exception to the rulings of the court on the admissibility of the evidence, and to its decisions of the law upon the merits. The evidence offered, and the rulings thereon, with a statement of the facts proved, are given in the opinion of the court
1Opinion of the Court
McALLISTER, Circuit Judge.
This action is brought for the recovery of certain lands situate in the county of Santa Clara, in this' state. The cause came on to be heard at the present term of this court, a jury trial waived, and the case submitted on the law and facts to the court; each party reserving the right of excepting to the rulings of the court, in relation to the admission of testimony, and to their decision of the law upon the merits. The plaintiff introduced and relied upon the expediente of Jose Reyes Berreyesa, and grant, dated 20th August, 1842, issued to him by Governor Alvarado,…
2Cases cited4 opinions
- Republic of Texas v. ThornTexas Supreme Court · 1848
- Vanderslice v. HanksCalifornia Supreme Court · 1852
- Edwards v. DavisTexas Supreme Court · 1848
- Gunn v. BatesCalifornia Supreme Court · 1856