Chipley v. Farris
California Supreme Court
Appeal from the District Court of the Seventeenth Judicial District, Los Angeles County. By consent of parties, the case was referred to a referee, to try all the issues and report the testimony, his findings of fact, and a judgment. Among other witnesses, one Stephen C. Foster was introduced by the plaintiffs, and, while under cross-examination, said that he had seen the patent issued for this grant in Mr. Abel Stearns’ possession.
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Appeal from the District Court of the Seventeenth Judicial District, Los Angeles County. By consent of parties, the case was referred to a referee, to try all the issues and report the testimony, his findings of fact, and a judgment. Among other witnesses, one Stephen C. Foster was introduced by the plaintiffs, and, while under cross-examination, said that he had seen the patent issued for this grant in Mr. Abel Stearns’ possession. The plaintiff moved to strike out the statement of the witness, on the ground that the patent itself was the best evidence of its existence and contents. But the…
1Opinion of the Court
By the Court, Rhodes, J.:
The claim of A. M. Lugo to the Eancho de San Antonio was finally confirmed, and the description of the land confirmed, as given in the decree of confirmation, accords substantially with that of the juridical possession. In the patent issued to the confirmee, the lines of the rancho on the western side, as described in the field notes, and the plat, do not coincide with those mentioned in the decree of confirmation, but exclude a portion of the land included in the latter. The land in controversy is a portion of the land thus ex-*537eluded. The plaintiffs claim title under…
2Cases cited2 opinions
- Leese v. ClarkCalifornia Supreme Court · 1861
- Waterman v. SmithCalifornia Supreme Court · 1859
3Cited by24 opinions
- Carey v. BrownCalifornia Supreme Court · 1881
- Eltzroth v. RyanCalifornia Supreme Court · 1891
- White v. State of CaliforniaCalifornia Court of Appeal · 1971
- United Land Ass'n v. KnightCalifornia Supreme Court · 1890
- Bishop v. StewartNevada Supreme Court · 1878
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