Legal Opinion

Wright v. Roseberry

California Supreme Court

Decided March 23, 1883PublishedCited by 2 opinions

Appeal from a judgment of the Superior Court of Yolo County, and from an order refusing a new trial. The action was ejectment. The remaining facts are stated in the opinion of the court.

1Opinion of the CourtSharpstein, J.

The defendants are in possession of the demanded premises, and hold United States patents for the same. But it is claimed on behalf of the plaintiff that before defendants acquired any right or title to said land the title to it had passed out of the United States, and become vested in the State of California. The grounds of this claim as stated by one of appellant’s counsel are as follows: “That on July 1, 1862, he (plaintiff) acquired the title of the State to the land in controversy; that the State had, prior to July 23, 1866, selected this land as swamp land, and had disposed of the same…

2Cases cited3 opinions

  1. Johnson v. TowsleySupreme Court of the United States · 1871
  2. French v. FyanSupreme Court of the United States · 1876
  3. Sutton v. FassettCalifornia Supreme Court · 1875

3Cited by2 opinions

  1. State v. Portsmouth Savings BankIndiana Supreme Court · 1886
  2. Easton v. O'ReillyCalifornia Supreme Court · 1883

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